Worker's Compensation FAQs
FAQs
- How do I know whether I am covered by workers' compensation?
- Generally, there are two main factors that determine your status: first, whether you are an employee, and second, whether your injury occurred as a result of your employment.
- Do I have to be injured at work to be covered by Illinois workers compensation?
- No. However, your injury must be job-related in order to be covered. For example, you will be covered if you are injured while running a work-related errand, traveling on business, or attending a required business-related social function. However, generally you will not be covered while traveling to and from work.
- What benefits do I get if I am injured?
- Workers compensation insurance provides replacement income, medical expenses and some rehabilitation benefits (job training, vocational schooling or job placement assistance). An injured worker is entitled to full payment for all medical treatment that is reasonable, necessary and related to the accident. There are certain guidelines that may restrict an employee's treatment however; workers will generally be able to obtain treatment. If they request, your employer can have you seen by its doctor as well. If you are temporarily unable to work, you should receive two-thirds of your average wage (up to a fixed amount). These payments are smaller but they are tax-free. If you are permanently disabled, you may receive long-term or lump sum benefits. These amounts of payment vary with the type and severity of your injuries.
- Are workers' compensation benefits taxed?
- Most states, including Illinois, do not tax workers' compensation benefits. The U.S. government does not tax workers' compensation benefits.
- What types of injuries are covered by Worker's Compensation?
- Any injury that arises out of and in the course of employment is compensable. If an injury occurs at work regardless of who is at fault, it will generally be covered unless the injured person is guilty of serious and willful misconduct. Employees who become disabled due to repetitive activities such as lifting are entitled to benefits under the law. In addition, cumulative trauma/repetitive motion injuries such as carpal tunnel syndrome and tendonitis are covered.
- Who pays for workers compensation benefits?
- Your employer is required either to carry workers' compensation insurance, or to be self-insured. Your employer's insurer is the one responsible for making payments to you.
- Can I trust a doctor provided by my employer
- It is reasonable to assume that this may not be in your best interest. It is best to choose your own doctor and not leave medical control in the hands on your employer or insurance company.
- How much would a good workers compensation attorney cost?
- In workers’ compensation, the attorney's fee is usually based upon a contingent fee. A contingent fee agreement is an alternative to an hourly attorney's fee agreement. Under a contingent fee agreement, there is no attorney's fee charged, if the injured person does not secure a recovery. In Illinois, the amount that can be charged by your lawyer for your worker’s compensation claim is set by the State of Illinois at 20% of the injured employee's recovery. Consult our office for further details.
- Can I settle my case?
- Yes. Worker's Compensation cases can resolve by way of a settlement. Settlements are reached after negotiation between the injured worker or his attorney and the insurance company.
- 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 Workers’ Compensation Commission.
- 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.
- What happens if an offer of settlement is made to me by my employer and I choose not to accept it?
- 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.
- What are my rights if my injury is caused by the negligence of someone other than my employer or co-worker?
- If you are injured due to the negligence of a third party, that is someone other than your employer or a co-worker, then you may have the right to bring a civil lawsuit against that third party. Your right to bring a claim against the third party does not affect your right to receive workers’ compensation benefits. The benefits available in a third party claim include the right to collect for lost wages, pain and suffering, medical costs and spousal rights.
- Does a worker have a viable workers' compensation claim if they re-injure a previously injured part of their body or aggravates a pre-existing physical condition?
- If a worker sustains a work-related injury to a previously injured part of their body, regardless of whether the previous injury was work-related, they are not barred from recovery under the Act. Similarly, if they sustain an accident which aggravates or accelerates a pre-existing physical condition, (arthritis, congenital back condition, etc.) they are still entitled to all the rights and benefits provided by the Act.
- How long do I have to file a claim after I am injured?
- The time deadline to file a Workers' Compensation is also called the Statute of Limitations. The Statute of Limitations to file a Workers' Compensation claim in the State of Illinois is three (3) years from the date of the accident or two (2) years from the date the injured employee last received Workers' Compensation benefits, whichever is later. The Statute of Limitations on a "repetitive trauma" claim can be various dates. Consult our office for further details.
- 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 Workers’ Compensation 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 permanent partial disability, 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.
The Law Offices of Millon & Peskin will evaluate your case thoroughly, explore all potential sources of recovery and preserve your rights under the law.
Contact us today for a free consultation at (800) 928-1831 or Email us at info@millonpeskin.com. You can also complete our Online Case Evaluation Form
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.