25 FAQs About Workers’ Compensation
As we celebrate our 25th anniversary, we’re reflecting on decades of helping injured workers navigate the complexities of workers’ compensation by compiling 25 of our most frequently asked questions.
1. How do I know if I even have a workers’ compensation case?
Whether your injury is work related depends on several factors, so don’t assume you’re not covered. Always consult with an experienced attorney to review your options.
2. How long do I have to file my claim?
You generally have three years from your injury to file a claim with the Illinois Workers’ Compensation Commission. Missing this deadline can potentially bar you from receiving benefits.
3. What if the accident was my fault?
Illinois workers’ compensation is generally no fault, meaning you may still qualify for benefits even if you caused the accident. A trusted attorney can help determine if any exceptions apply.
4. What are the steps in a workers’ compensation case?
Report your injury right away, get proper medical care and file your claim—ideally with the help of an experienced workers’ compensation attorney. Clear communication with the insurer and consistent follow-up are key to keeping your case on track.
5. How long does a workers’ compensation case take?
Most cases move toward settlement once medical treatment is complete. On average, workers’ compensation claims in Illinois can take about 1.6 years from filing to resolution.
6. Why should I work with an attorney?
Insurers protect their bottom line, not your best interests. Working with a knowledgeable, local attorney from the start helps prevent problems, protect your rights and resolve issues before they become serious.
7. Are there upfront costs to file a workers’ compensation case or hire an attorney?
No. Filing with the Illinois Workers’ Compensation Commission is free and attorneys are paid only if you recover—typically 20% of your award.
8. How is the value of my case determined in Illinois?
The Illinois Workers’ Compensation Commission considers several factors, including your age, occupation, medical records, effect on future earning capacity and your American Medical Association (AMA) impairment rating.
9. What makes a workers’ compensation claim compensable?
Your injury must occur in the course of your job and be caused by a work-related risk. Simply being injured at work is not enough; it must be linked to your employment duties or conditions.
10. How are weekly workers’ compensation benefits calculated?
Temporary total disability benefits equal 66 2/3% of your average weekly wage, based on your earnings in the 52 weeks prior to the injury, including regularly worked or mandatory overtime at straight pay.
11. How are workers’ compensation benefits paid out?
Paper checks are still the most common way benefits are paid. However, in recent years, there has been a growing trend to allow for payment of benefits via direct deposit.
12. What is a permanent and total disability award?
It is a benefit for workers who are permanently unable to work due to a job-related injury. In Illinois, it provides weekly lifetime payments as long as the worker remains unable to work.
13. Are workers’ compensation benefits taxable?
No. Workers’ compensation benefits are tax free, so you won’t receive a W-2 or 1099. For personal guidance, consult a trusted tax professional.
14. When do I need to notify my employer of a work-related injury?
For a specific traumatic injury, you must notify your supervisor or employer within 45 days of the incident. Timely reporting is important to protect your right to workers’ compensation benefits.
15. What should I do if workers’ compensation denies my medical treatment?
Don’t assume the denial is final. Treatment is often denied because of missing records or incomplete documentation, and an experienced attorney can help correct the issue and challenge the decision.
16. Can I be fired for filing a workers’ compensation claim?
Your employer cannot legally fire you for filing a claim. If they do, it may be considered retaliatory discharge, which can lead to a lawsuit.
17. What if my employer doesn’t pay my benefits?
If your employer refuses benefits, a workers’ compensation attorney can intervene and may file a Petition for Immediate Hearing to speed up your case. They can also negotiate or pursue arbitration on your behalf.
18. Does my employer have to send me to the doctor after a workplace injury?
No. Employers don’t have to arrange treatment, but they must cover all necessary medical care related to your work injury as required by Illinois law.
19. Can the insurance company require me to see their doctor?
Yes. Under Section 12 of the Illinois Workers’ Compensation Act, the insurance company can require periodic examinations by a doctor they select.
20. Does my employer have to offer light-duty work?
No. Employers aren’t required to provide light-duty positions. They may offer work within your restrictions, but if none is available, they can send you home while you continue treatment.
21. Can an injury be work related after I clock out?
Yes. An injury can still qualify if you were performing a task that benefits your employer, even if you were off the clock.
22. Do I have special protection when traveling for work?
Yes. Employees required to travel are generally covered for most activities done in furtherance of their job, including some incidental or recreational activities.
23. Who is responsible if I’m injured while working through a temp agency?
Both the temp agency and the primary company can be responsible. This is known as joint and several liability.
24. What is the Heart & Lung Act?
Under Section 6(f) of the Illinois Workers’ Compensation Act, firefighters, EMTs and paramedics with at least five years of service receive special protections for certain job-related conditions. These include heart and lung disease, hypertension, hearing loss, hernias, tuberculosis and cancer.
25. Can I start a new job and still receive workers’ compensation benefits?
Yes, depending on the type of benefits you receive and whether the new job fits within your medical restrictions.
If you’ve been injured at work and want the best possible chance of receiving maximum benefits, the team at Black & Jones is your trusted resource in the Rockford area. Fill out this form to get started or call us today at (815) 967-9000.