Who Is Covered by Workers' Compensation Laws?
Almost every injured employee is covered by workers' compensation laws. In most instances, workers' compensation benefits can be paid for accidental injuries that are caused in whole or in part by work. This includes injuries caused by a specific accident or those brought on by repetitive job duties over a period of time. In Illinois, you may also be entitled to compensation for work-related aggravation of a pre-existing condition. An attorney can discuss theses issues with you.
Can I File a Civil Lawsuit against My Employer for a Work Injury?
In general, the answer is no. Under Illinois law, if you are injured on the job generally your sole remedy against your employer is a workers' compensation claim filed with the Illinois Workers' Compensation Commission. However, there are some exceptions. You should seek legal counsel to discuss the issue.
Are There Time Limits to Report an Injury?
Yes, so you should report any work injury to your employer as soon as possible. The law requires that a work-related injury be reported to the employer within a specified period of time. You must notify the employer of the date and time of the accident, and provide the employer with a brief description of how the accident occurred. The failure to timely notify an employer of a work accident may prevent you from being able to pursue a workers' compensation claim.
Who Must Pay for Medical Treatment?
The employer is responsible for paying for medical treatment for work-related injuries. If you are injured at work in the course of your employment, you are entitled to receive all necessary medical care reasonably required to cure or relieve the effect of an injury. You should receive ongoing medical care until released from care by a doctor. Several issues are involved in obtaining your medical treatment, though, and you should consult with an attorney to find out more about your rights regarding medical care.
Can I Select My Own Doctor?
In Illinois, injured workers do have the right to choose their treating doctor. However, there is a limit on the number of different doctors you can see for treatment without a referral from another doctor. An attorney can answer any detailed questions you may have about your available medical treatment.
Will I Be Compensated for Lost Time/Temporary Total Disability Benefits?
If a doctor takes you off work as the result of a work injury, or if the doctor gives you job restrictions that the employer cannot accommodate, you may be able to recover compensation for your lost wages. This benefit is commonly referred to as temporary total disability, or TTD. The amount that you receive in temporary total disability benefits will be two-thirds of your average weekly wage, subject to a maximum amount set by the State of Illinois. An attorney can provide you with more information about this benefit.
What is MMI?
When you have reached maximum medical improvement, this is generally referred to as being at MMI. This occurs when you have been released from care by a doctor, or your medical treatment has reached the level that no further improvement is expected. In most instances, once you are placed at MMI all medical care will be terminated by the employer.
Am I Entitled to a Settlement if I Return to My Job?
If you are able to return to your pre-injury job, but have a permanent disability as a result of a work injury, you should be entitled to an amount of money for your permanent partial disability, or PPD. In most instances, this money will be paid to you in a lump sum. In certain situations, though, the money may be paid to you over a period of time. The amount of money you will receive is dependant on various factors: (1) the part of the body injured; (2) the percentage of disability to the part of your body that was injured; and (3) the permanent partial disability rate. The PPD rate is sixty percent of your average weekly wage, subject to a maximum amount set by the State of Illinois.
What if I am Physically Unable to Return to My Job Because of a Work Injury?
If you sustain a serious injury that precludes you from going back to your pre-injury job, but you are still capable of working, you may be entitled to vocational rehabilitation to assist you with finding a new job. Vocational rehabilitation includes counseling for job searches, job re-training or education at an accredited program in order to help you find another job. The employer must pay for vocational rehabilitation. If you receive vocational rehabilitation, you should be entitled to receive maintenance benefits. In general, maintenance benefits are similar to temporary total disability benefits. The amount of maintenance benefits shall not be less than the amount of temporary total disability benefits received.
If you cannot return to your old job but find a new job that pays less than your pre-injury job, you may be entitled to a wage differential. A wage differential entitles you to receive a weekly amount equal to two-thirds of the difference between the amount you earn in a new job and the amount you would be earning if you still had your pre-injury job, subject to a maximum limit set by the State of Illinois.
You may be entitled to permanent total disability benefits if your work injury renders you completely disabled and permanently unable to do any kind of work for which there is a reasonably stable job market. If you are permanently and totally disabled, you may be entitled to a weekly benefit equal to two-thirds of your pre-injury average weekly wage, subject to a maximum limit set by the State of Illinois.
Determining the benefits you may be entitled to receive if you cannot return to your pre-injury job can be complicated. An attorney can answer questions you may have about the benefits.
Will I Loose My Job if I File a Workers' Compensation Claim?
Illinois law prohibits an employer from firing a worker just because the employee files a workers' compensation claim. If you are terminated after being injured on the job, and believe the employer fired you for reporting a work injury, you may have the right to file a separate civil lawsuit in state court against the employer. Your employer should not fire, suspend, or discipline you simply for making a workers' compensation claim. You should consult an attorney if you have been fired after filing a workers' compensation claim.
