Workers' Compensation FAQ
- I was injured or exposed to something that made me sick at work. What should I do?
- How long do I have to file a Workers' Compensation lawsuit?
- Must I hire an attorney?
- When can I start receiving my benefits?
- What can I recover in a Workers' Compensation claim?
Q: I was injured or exposed to something that made me sick at work. What should I do?
A: First and most importantly, seek medical help. In Illinois, you can go to any hospital or doctor you choose. The Illinois Workers' Compensation Coalition (IWCC) recommends that you inform your employer of the name and address of the doctor you chose. You can also get treatment from a doctor your employer selects.
Second, you must notify your employer. If you do not notify your employer within 45 days of your injury, you risk losing your benefits.
Q: How long do I have to file a Workers' Compensation lawsuit?
A: In most Workers' Compensation cases, you must file a claim with the IWCC within three (3) years of the accident, or two (2) years after the last compensation payment, whichever is later.
Q: Must I hire an attorney?
A: You are not required to have an attorney represent you in a Workers' Compensation claim. However, an attorney can ensure that you are aware of all of your legal options, and it is very likely that the other side will be represented by an attorney. In certain situations, you can recover from a third party if your injury was caused by a co-worker or defective product. An experienced workers' compensation attorney can also help you prepare your claim with the IWCC and represent you and your interests at your hearing.
Q: When can I start receiving my benefits?
A: Your Workers' Compensation Temporary Total Disability (TTD) benefits in Illinois begin after you have been out of work for three days. If you have to miss more than 14 days of work, your benefits will cover the initial three days as well. These benefits last until you are able to return to work that is reasonably available to you. In most cases, TTD benefits are two-thirds of your gross average weekly wage.
Q: What can I recover in a Workers' Compensation claim?
A: Your employer must pay for all treatment that is reasonably required to treat the injury or disease, if the medical service provider has given the employer the information required by law. Your employer must also pay for all first aid and emergency services; up to two physicians, surgeons, or hospitals of the employee's choice; and any additional medical care providers to whom the employee is referred by the two physicians, surgeons, or hospitals. If your employer refuses to pay a particular medical bill, you must receive a written explanation for the denial.
Depending on the situation, you may also be entitled to recover for any treatment, instruction, and training necessary for your physical, mental, and vocational rehabilitation, including all maintenance costs and incidental expenses. You must cooperate in a reasonable rehabilitative program.
You can also recover permanent partial disability (PPD) benefits, which are paid if your injury or illness results in a permanent loss, or loss of use of a part of the body or your entire body. You are only eligible for PPD benefits if your doctor has determined that your condition will not improve any further.
The Kelly Law Offices has extensive experience successfully representing clients in Workers' Compensation matters. If you were injured on the job, contact us today for a free consultation.
