Qualifying for Benefits under the Illinois Workers' Compensation Act
Kane County Workers' Comp Lawyer
You must complete the following three things to qualify for compensation benefits.
- Declare that you were injured in the course of your employment and because of a risk arising from your employment.
- Course of Employment - Think of the time and place of your injury. Injuries on company property are generally covered, and often employees who travel for work are covered during their trip. Coverage extends throughout the workday, and in some cases a modest period before and after work hours.
- Arising from Employment - The injury must be caused or made worse by a danger posed by your employment. Showing this can be tricky and usually requires assistance from a lawyer.
- Give notice of your injury to a person in management at your workplace.
- Notice - You must report the injury to a person in a management position at your workplace either orally or in writing, within 45 days of the incident.
- File a Workers' Compensation Claim.
- Statute of Limitations - A Workers' Compensation Claim must be filed with the Illinois Workers' Compensation Commission by filling out an Application for Adjustment of Claim. You have three years from the incident that caused the injury or two years from the last compensation payment, whichever is later, to complete this application. This must be done in addition to notifying your employer of the injury.
Things to Know About Qualifying
- Your employer may not offer a settlement, they are not required to.
- Unless your employment requires it, you don't have to use up your sick or vacation days before accepting compensation benefits.
- Under the Illinois Workers' Compensation Act, you can choose your own doctor and are not mandated to attend examinations scheduled by your employer.
- The Illinois Workers' Compensation Act is a no-fault law; you are eligible for benefits even if you contributed to your own injury.
- A work related injury may be an isolated incident (falling down) or a reoccurring action that leads to an injury, condition or illness (daily inhalation of a toxic chemical).
- The attorneys at Mevorah & Giglio Law Offices have the expertise and experience needed to handle your employer, their insurance company, and their lawyers. Call today for a free no-obligation consultation, we'll help you qualify for and receive the benefits you deserve.
Once you qualify, you will be eligible for the three main benefits under the Illinois Workers' Compensation Act; medical benefits, weekly benefits, and permanent partial disability benefits.
- Medical benefits - the injured employee has the right to be treated by two doctors and their referrals at the cost of the employer. This includes reasonable and necessary treatment for all effects of the injury.
- Weekly benefits - For the period of time your injury prevents you from working, you are entitled to up to two-thirds of your salary, tax-free. The amount depends on your average weekly earnings for the 52 weeks preceding the incident.
- Permanent Partial Disability - There are several types of permanent partial disability.
- The first is when the employee is injured but can return to their previous position. These injuries are considered a percentage loss of use for the specific body part, as listed below.
|Other Toe (each)||13|
|Eye Sight (1 eye)||162|
|Hearing (1 ear, complete)||54|
|Hearing (2 ears, complete)||215|
|Fracture to a Vertebrae||at least 6 weeks|
|Skull Fracture (cranial vault)||at least 6 weeks|
|Facial Bone Fracture||at least 2 weeks|
- Compensation benefits according to this method are calculated by multiplying the percentage loss in use of the body part and the percentage, up to two-thirds, (about 67%) of the employee's average weekly pay for the past year.
- Other types of permanent partial disability
- Compensation benefits for disfigurement (scarring), exposure to chemicals, death (minimum of $250,000), permanent loss of wages, or permanent total disability.
- Vocational Rehabilitation, 100 % paid for by the employer, if the injury prevents the employee from returning to work. Vocational rehabilitation trains the employee to return to work equivalent to their previous employment.
Contact our experienced attorneys today for help with qualifying for workers' compensation benefits. We offer evening and weekend appointments as well as four locations including Lombard, Bloomingdale, Naperville and Chicago.