A Summary of the Illinois Workers’ Compensation Act
The Illinois Workers’ Compensation Act (“Act”) provides the only legal remedy injured workers have against their employer for work related injuries. The Act provides three basic benefits: Payment of medical bills, payment of time lost from work due to a work injury, and payment for any permanent damage caused by the work related injury.
The employer is required to pay for all reasonable and necessary medical treatment that injured workers require to cure the illeffects of their injury. Injured workers have the right to choose to be treated by their own doctor and with
any health care provider their doctor may recommend. In fact, injured workers have the right to choose two such doctors.
any health care provider their doctor may recommend. In fact, injured workers have the right to choose two such doctors.
Injured workers are entitled to receive 2/3 of their average weekly wage, tax free, for time they lose from work due to a workplace injury. This benefit is called Temporary Total Disability (TTD). Injured workers are entitled to begin receiving TTD after the third missed day.
Injured workers are entitled to receive benefits if a work related injury causes permanent partial disability to any part of the body, certain permanent scarring, permanent total disability, or a permanent loss of income due to a work related injury. Depending on the injury, an injured worker may be entitled to vocational rehabilitation.
These various types of compensation are too involved and complex to adequately explain in this document. It is strongly recommended by the Illinois Education Association that you contact a workers’ compensation attorney if you are involved in a work related injury. If you trust that your employer will take care of you in such a situation, you may jeopardize your rights under workers’ compensation, and you probably will be very disappointed.
How to Qualify for Benefits
- Injured workers must report work related accidents no later than 45 days after the date of the accident. A report can be made verbally or in writing. A report must be made to a supervisor, principal, school nurse, or other person with authority. A report to a coworker is not legally sufficient. If an injury is not timely reported, all rights to benefits will be lost.
- A claim for workers’ compensation benefits must be filed with the Illinois Workers’ Compensation Commission, 100 West Randolph Street, 8th Floor, Chicago, Illinois 60601 within three years of the accident date or two years from the last date of a compensation payment, whichever is later. If a claim is not timely filed, all rights to benefits will be lost. It is strongly encouraged that you seek legal advice to assist you in properly filing a claim.
WARNING: Do not rely on the advice of insurance adjusters, school district officials, or school district doctors concerning the settlement value of your claim. If a settlement offer is made, ask for it in writing, and please consult an attorney. Sometimes in order to save the school district money, a school official will urge an employee to say that the accident did not happen at work and use sick days and health insurance instead of workers’ compensation. Once
employees state that they were not hurt at work, it may be impossible to collect workers’ compensation benefits. Workers’ compensation is more generous for the injured employee because it pays for all medical costs, not just some, pays higher weekly benefits in almost all cases, and makes substantial payments for disfigurement and disability which are generally nonexistent in group insurance.
employees state that they were not hurt at work, it may be impossible to collect workers’ compensation benefits. Workers’ compensation is more generous for the injured employee because it pays for all medical costs, not just some, pays higher weekly benefits in almost all cases, and makes substantial payments for disfigurement and disability which are generally nonexistent in group insurance.
A lump sum settlement, approved by the Illinois Workers’ Compensation Commission, closes a case and ends a worker’s right to further medical treatment. However, an award of benefits after trial at the Workers’ Compensation Commission entitles the employee not only to compensation payments for the permanent disability suffered, but also to the right to reopen the case within 60 months if the disability worsens. Additionally, the employee also is entitled to all medical, surgical, and hospital treatment needed at any time in the future as a result of the original injury.
Illinois Education Association is an association of more than 130,000 members composed of Illinois elementary and secondary teachers, higher education faculty and staff, educational support professionals, retired educators and college students preparing to become teachers.
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