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1. What happens if I am injured on the job, or if I contract a
job-related illness?
2. What is workers' compensation?
3. Who pays these benefits?
4. What injuries, diseases or illnesses are covered by workers'
compensation?
5. What kind of benefits are provided by workers' compensation?
6. What do I have to do to receive workers' compensation benefits?
7. When will my employer begin paying me TTD benefits?
8. Can I be fired from my employment for applying for workers'
compensation?
9. How do I know whether I have a viable workers' compensation
claim?
10. Can I choose my own doctor or hospital?
11. Is the employer responsible for payment if I wish to be seen by
another doctor?
12. Can my employer ask me to submit to an examination by its own
physician?
13. How do I pay for an attorney to represent me regarding my
workers' compensation claim?
14. When should I retain counsel to represent me regarding my
workers' compensation claim?
15. What should my workers' compensation lawyer do for me?
16. What if someone other than my employer is responsible for my
work-related injury or illness?
17. What other benefits may I be entitled to?
18. What is the statute of limitations regarding the filing of a
workers' compensation claim in Illinois?
19. Am I able pursue workers' compensation benefits even though I
am no longer working for the employer I was working for at the time I was
injured?
20. What if my doctor returns me to full duty employment, but I
feel that I am unable to perform that job anymore?
21. I have been handling my own workers' compensation case for two
years, but am getting nowhere with it. Is it too late for me to get a lawyer?
22. Is it possible for me to receive a lump-sum settlement in the
event I am found to be permanently and totally disabled from further gainful
employment?
23. What happens when I settle my workers' compensation claim?
24. What happens if an offer of settlement is made to me by my
employer and I choose not to accept it?
25. Will I be entitled to receive any other benefits after I return
to work at my regular job after being treated for my work-related injury?
26. Will I be entitled to receive any other benefits if I am unable
to return to work at my regular job after being treated for my work-related
injury?
27. Will I be entitled to any vocational rehabilitation benefits in
order to retrain me for another occupation if I am unable to perform my former
job duties as a result of my work-related injury?
28. Under what conditions am I able to ensure that I will be able
to receive future medical treatment for my work-related injury?
29. What happens if my condition worsens after the Arbitrator
renders his decision regarding my claim?
30. Will I be able to receive social security benefits as a result
of my work-related injury?
1. What happens if I am injured on the job, or if I contract a
job-related illness?
You are probably entitled to workers' compensation benefits.
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2. What is workers' compensation?
Workers' compensation consists of a number of different kinds of benefits
provided by State law to most workers who have suffered job-related injuries
or illnesses under the Illinois Workers' Compensation Act. The Act is
administered by the Illinois Industrial Commission, which is a State agency.
The Act was enacted by the Illinois General Assembly in 1911 to provide
financial protection and security to almost any worker who sustains an injury
or illness while on the job. Almost every employee in the State of Illinois is
covered by the Act from the moment their employment begins with their
employer, and benefits are paid to an injured worker regardless of who is at
fault for the injury.
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3. Who pays these benefits?
The employer pays workers' compensation benefits, either directly or
through an insurance company.
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4. What injuries, diseases or illnesses are covered by workers'
compensation?
Workers' compensation benefits generally apply to injuries that are caused
by the employee's work, and also apply when a previous injury or illness is
aggravated by the employee's work. Injuries which are caused by repetitive
stress, such as carpal tunnel syndrome, are covered, as are strokes, heart
attacks and other physical problems that are directly caused by a worker's
employment.
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5. What kind of benefits are provided by workers' compensation?
Temporary total disability (TTD) compensation is paid in a percentage of
the injured employee's gross average weekly earnings, including overtime,
while the employee is off work by order of a physician as a result of a
work-related injury or illness. If you hold a second job and the employer for
whom you were working at the time you were injured is aware that you work this
second job, your temporary disability payments are based on the gross income
from both jobs. Reasonable and necessary medical, surgical and hospital
expenses are 100% covered. Physical mental and vocational rehabilitation
benefits, while subject to requirements and limitations, will be provided to
an injured worker when such benefits are found to be appropriate. Permanent
disability and dismemberment benefits may be compensated by way of a lump-sum
payment or payments over time. If the injury causes the death of the worker,
the worker's spouse and/or dependents are entitled to certain benefits as are
specified by the Illinois Workers' Compensation Act.
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6. What do I have to do to receive workers' compensation benefits?
You must notify your employer immediately of your work-related injury or
illness. Any delay in notification may jeopardize your ability to receive
benefits. Notice to your employer may be given orally or in writing. In your
own self-interest, DO NOT submit to a recorded statement and DO NOT sign any
documents given to you by your employer or by your employer's insurance
carrier until you are able to have them reviewed by a competent workers'
compensation attorney. You should keep your employer informed of your medical
condition. You should notify your employer if you change doctors.
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7. When will my employer begin paying me TTD benefits?
Under the provisions of the Illinois Workers' Compensation Act, your
employer or their insurance company is legally required to begin payment of
TTD within fourteen (14) days of the date you informed your employer of your
work injury.
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8. Can I be fired from my employment for applying for workers'
compensation?
Illinois law specifically prohibits an employer from firing injured
employees for exercising their right to compensation under the Illinois
Workers' Compensation Act. The firing of employees for exercising their rights
under the Act may give rise to a separate legal action against the employer.
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9. How do I know whether I have a viable workers' compensation
claim?
Consult with an attorney who concentrates his practice in workers'
compensation law. The Law Offices of Bradley S. Dworkin does not charge for
consultation.
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10. Can I choose my own doctor or hospital?
You may, within certain restrictions as are specified in the Illinois
Workers' Compensation Act. The employer is responsible for 100% of all
reasonable and necessary medical, surgical and hospital expenses.
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11. Is the employer responsible for payment if I wish to be seen by
another doctor?
The employer is responsible for emergency services, physicians and hospital
stays, and any additional medical care providers to whom the injured worker is
referred by the above. Certain restrictions are specified in the Act. You
should consult with an experienced workers' compensation lawyer in order to
protect your rights regarding your employer's payment for your medical
treatment.
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12. Can my employer ask me to submit to an examination by its own
physician?
Yes, but such an examination, which may be known as an "independent medical
evaluation," must be done at the employer's expense and must also be performed
at a time and place that is reasonable for the injured worker to attend. If
applicable, the employer is responsible for payment of the employee's time
lost from employment for the doctor's examination. Be aware that your employer
has sent you to their examining physician in order to obtain the injury
history, diagnosis and prognosis they want, in order to minimize or even deny
your claim. Therefore, you should be specific in advising your employer's
physician or medical evaluator about the specifics of your injury and medical
treatment, and that your injury was directly caused by your employment.
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13. How do I pay for an attorney to represent me regarding my
workers' compensation claim?
You will be charged a fee only when a recovery is made on your behalf.
Details are provided in the written attorney/client agreement form that you
will be asked to sign at such time as you retain legal counsel. Be certain to
read the agreement carefully, and ask any questions you may have about the
agreement at the time of signing.
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14. When should I retain counsel to represent me regarding my
workers' compensation claim?
The Law Offices of Bradley S. Dworkin recommends you retain competent
counsel who specializes in workers' compensation law immediately. You will
need a competent workers' compensation attorney to guide you through the
claims process in order for you to obtain every benefit for which you are
entitled to under the Illinois Workers' Compensation Act. Your employer will
not advise you of your rights under the Act, and although many employers are
not unfair toward their injured employees, they may not feel that it is in
their best interest to protect and assist you in the recovery of benefits as
are provided by the Act. You should be aware that their motivation and
objectives are entirely different from yours.
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15. What should my workers' compensation lawyer do for me?
Your lawyer should assist you in the filing of your claim with the
Industrial Commission, and should ensure that you receive all of the benefits
you are entitled to under the Act. Your lawyer may have to petition for an
immediate hearing so that you may receive the benefits you deserve from your
employer in a timely manner. Your lawyer may have to take the evidence
depositions of doctors involved in your medical care in order to ensure an
equitable resolution to your claim. In the event that a hearing is necessary
to resolve the issues surrounding your claim, your lawyer may need to review
or appeal the decision made by the Arbitrator regarding your claim. Depending
on the facts of the claim, your case may even go all the way to the Illinois
Supreme Court.
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16. What if someone other than my employer is responsible for my
work-related injury or illness?
You may have a legal cause of action referred to as a "third party claim"
against the party or parties responsible for your work injury. The most common
forms of "third party claims" are vehicular accidents and product liability
claims. In cases such as these a claim may be filed in State or federal court
against the other driver and their insurance company, or the manufacturer that
produced a defective product which led to your injury or disease. If recovery
of damages is made against a third party, your employer may be entitled to
reimbursement of some or all of the benefits paid out in your workers'
compensation claim. Such reimbursement should be made by the third party or
their insurer.
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17. What other benefits may I be entitled to?
You may be entitled to unemployment compensation, social security benefits,
disability benefits and group health insurance benefits. Your workers'
compensation lawyer should be able to advise you regarding whether these other
benefits fit your particular circumstances.
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18. What is the statute of limitations regarding the filing of a
workers' compensation claim in Illinois?
Generally speaking, the statute of limitations for the filing of a workers'
compensation claim is three years, although certain conditions are specified
in the Illinois Workers' Compensation Act. You should act as promptly as is
practical to ensure your rights under the Act.
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19. Am I able pursue workers' compensation benefits even though I
am no longer working for the employer I was working for at the time I was
injured?
Yes, assuming you have complied with all of the other conditions specified
by the Illinois Workers' Compensation Act.
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20. What if my doctor returns me to full duty employment, but I
feel that I am unable to perform that job anymore?
You should follow your doctor's recommendation and attempt to return to
work. The more positive your attitude toward returning to work, the better it
is for your workers' compensation claim in the long run. If you experience
pain and discomfort upon your return to work you should report this to your
supervisor and make an appointment with your doctor as soon as possible.
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21. I have been handling my own workers' compensation case for two
years, but am getting nowhere with it. Is it too late for me to get a lawyer?
No, as long as all notice requirements have been met.
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22. Is it possible for me to receive a lump-sum settlement in the
event I am found to be permanently and totally disabled from further gainful
employment?
It is possible to receive a lump-sum settlement distribution rather than
scheduled payments in such cases, provided such a distribution is approved by
the Illinois Industrial Commission.
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23. What happens when I settle my workers' compensation claim?
You may be closing out any further claim to workers' compensation benefits
regarding your injury upon you acceptance of a settlement offer.
24. What happens if an offer of settlement is made to me by my
employer and I choose not to accept it?
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You may choose to go to an Arbitration hearing so that all of the evidence
surrounding your claim may be heard by an Arbitrator. The Arbitrator's
decision may be appealed by either party, and, depending on the facts
regarding your injury, may go all the way to the Illinois Supreme Court.
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25. Will I be entitled to receive any other benefits after I return
to work at my regular job after being treated for my work-related injury?
You may be entitled to receive compensation for the partial permanent loss
of use of the injured part of your body, or of yourself as a whole. Such
compensation is called permanent partial disability compensation (PPD), and is
received as the result of a settlement agreement between you and your
employer, or as the result of the decision of the Arbitrator assigned to your
claim.
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26. Will I be entitled to receive any other benefits if I am unable
to return to work at my regular job after being treated for my work-related
injury?
If it is necessary for you to accept a lower-paying job because of your
inability to perform the responsibilities of your usual and customary
employment, you may be entitled to benefits equal to two-thirds (2/3) of the
difference between your gross average weekly wage you were earning before you
were injured on the job and the gross average weekly wage you are able to earn
after your return to work.
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27. Will I be entitled to any vocational rehabilitation benefits in
order to retrain me for another occupation if I am unable to perform my former
job duties as a result of my work-related injury?
If you are able to prove through medical evidence that you are unable to
return to your usual and customary occupation as a result of your work-related
injury, your employer may be responsible to pay for the vocational
rehabilitation necessary to return you to a position consistent with your
physical imitations. You may also be entitled to receive maintenance payments
in the same amount as your TTD during your retraining period.
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28. Under what conditions am I able to ensure that I will be able
to receive future medical treatment for my work-related injury?
Having a hearing before an Arbitrator at the Illinois Industrial Commission
is the only legal method for preserving your right to future medical
treatment. When you settle your claim with your employer for a lump-sum
payment of PPD, you forever close out your right to receive any future medical
treatment for your work-related injury unless such a provision is specified in
your settlement contract with your employer.
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29. What happens if my condition worsens after the Arbitrator
renders his decision regarding my claim?
If no lump-sum settlement of your claim has been made, under certain
circumstances additional medical, surgical and hospital services and increased
compensation may be allowed by the Illinois Industrial Commission.
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30. Will I be able to receive social security benefits as a result
of my work-related injury?
If you are disabled from working for a period of five (5) months, and it is
anticipated by your physician that your disability will continue for a total
of one year or longer, you may be eligible for social security benefits.
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DISCLAIMER: All answers to the hypothetical questions contained herein are
provided for informational purposes only and are not intended to be construed
as legal advice. The Law Offices of Bradley S. Dworkin shall not be liable for
any errors or inaccuracies contained herein, or any actions taken in reliance
thereon.
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