If you’ve been injured on the job in Illinois, it’s important you are aware of what you need to do following your injury and what benefits you may qualify for under workers’ compensation.
If you’ve sustained an injury on the job, it’s important that you take the proper steps when filing a workers’ compensation claim and that you are aware of important information and nuances of the process. Here we go over what you should know about workers’ compensation in Illinois.
What Steps Should I Take Following a Work Injury in Illinois?
First, it’s important that you report your injury as soon as possible. In Illinois, you must report a work injury within 45 days of the injury occurring. It’s important to report within this timeframe so that there are no doubts whether your injury was sustained on the job or not.
When reporting your injury to your employer, you should have detailed information on your injury, the incident, and any witnesses who were present. According to the Chicago workers’ compensation attorneys at Taxman, Pollock, Murray & Bekkerman, LLC, having detailed information about your injury can serve as evidence on your employer’s accident form.
When filing your workers’ compensation claim, you must fill out the Illinois Workers’ Compensation Commission Application for Adjustment of Claim form within three years of the date of injury. It is recommended that you have an attorney present to help you fill out this form. Including as much detail as possible is vital for your claim.
What Will Workers’ Compensation Pay for in Illinois?
In Illinois, all employees under workers’ comp insurance should receive full coverage of medical expenses due to a job injury. In addition to coverage of medical expenses, an employee may be entitled to lost wages. There are two types of disability an employee may be qualified for:
- Temporary total disability (TTD) benefits will cover an employee’s lost wages if they cannot work while recovering from their injury. TTD benefits will equal two-thirds of the injured employee’s weekly wage.
- Temporary partial disability (TPD) benefits are available to injured employees who are able to work part-time or return to light-duty work.TPD benefits will equal two-thirds of the difference of what the employee was making at their previous job and their current pay at their temporary job.
In addition to medical expenses and temporary disability benefits, an employee may also be qualified for permanent total disability benefits. If an employee is considered permanently disabled due to their work injury, they will receive benefits for the rest of their life at the rate of their TTD benefits.
What Disqualifies Me from Workers’ Compensation in Illinois?
There are a couple of things that may disqualify you from workers’ comp benefits.
- Pre-existing Injuries or Injury Didn’t Occur on the Job
This seems pretty obvious, but if your injury didn’t happen at work or you have a pre-existing injury, you will not qualify for workers’ compensation. However, if you sustain a new injury at work in the same place as a pre-existing injury, you could still qualify for benefits.
- Failure to Report Injury
If an employee fails to report their work injury within the 45 day period, they will not qualify for workers’ compensation. Under Illinois law, employees who have suffered work injuries must report their injury to their employer within 45 days of the injury occurring.
- Impairment
If an employee was under the influence of drugs or alcohol during the time the work injury was sustained, their worker’s comp claim will likely be denied. Often, employees must take an alcohol or drug test after they have suffered an injury on the job.
These and other things may disqualify you from receiving workers comp benefits so it’s important that you are aware of them and always make sure to report your work injury to your employer as soon as possible.
If you’ve been injured on the job in Illinois, it’s important you are aware of what you need to do following your injury and what benefits you may qualify for under workers’ compensation. Reporting your injury to your employer, consulting with an Illinois work injury attorney, and filling out the Adjustment of Claim form are all steps you should take to ensure you receive the benefits you are entitled to.
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