Illinois Workers' Compensation Guide

Date: August 12, 2021

By: Attorney Nicole O’Connor

Worker's Compensation Laws In Illinois

Workers’ compensation is a state-mandated insurance program for people who are injured while at work. Each and every state have different laws that surround workers’ compensation. Specifically in Illinois, workers who become ill or injured due to work are entitled to workers’ comp benefits. Furthermore, fault does not matter in this situation and workers’ compensation benefits are not taxed unlike normal wages. 

Illinois Workers' Compensation Act

Under the Illinois Workers’ Compensation act, almost all injuries suffered at work are covered. To clarify, employers will cover most work-related injuries, paying
full or partial, regardless of if pre-existing conditions causing the problem.
In addition, off-site work-related injuries are covered as well. Lastly, there
are certain scenarios where your employer will not cover your injuries. They

  • Self-harm: A person injured themselves on purpose, also includes fights.
  • Injuries occurring while committing a crime at work or going against company policy.
  • Injuries that occur while not on the clock.

Who Pays My Workers' Compensation?

Once again, employers must pay workers’ compensation benefits. It should be known that your employer cannot make you pay for the benefits or the insurance premium. Employers are required to buy “workers compensation insurance” and then the insurance company will pay out your benefits. On the other hand, Illinois does allow some employers to be self-insured. In these situations, a TPA or third-party administrator will pay out the benefits, rather than the insurance company.

My Employer Doesn't Have Workers' Comp Insurance

First things first, you will want to take action and hold your employer responsible. Once again, it is state law to have workers’ compensation insurance for your workers. In the event that your employer lacks workers compensation insurance there are a few things you will want to do. First, you should gather the basic info of your employer. Write down your employer’s name, address, and most importantly the date of your injury. Next, you will want to contact Illinois Workers’ Compensation Commission’s Insurance Compliance Division. The Division can be reached at, at (312) 814-6611, or toll-free at (866) 352-3033.

Winning Your Workers' Compensation Claim

First, you will begin by filing a workers compensation claim. It is up to the employee to prove to a judge that they have a valid claim. Therefore, in order to prove you have a good claim you must have been an employee for the employer at the time of the injury. In addition, proving that the injury happened at work is needed, as well as informing your employer within the proper time window. If you became sick with disease from work, you must be able to prove that work was what caused it to occur. Most times, if an employee can prove the prior points, they will receive some number of benefits. However, people should be aware that employers can present arguments against your claim. For example, they may argue things like extent of injury, average weekly wage amounts, and the medical necessity of treatment.

My Employer Won't Pay my Benefits

Though this should not happen, it does. If your employer is not paying your benefits, it is best if you contact them directly. Many times, things like miscommunication or general confusion can occur and these are easily correctable. In the event, the problem persists you should strongly consider contacting a workers’ compensation attorney. Prime Law Group, LLC’s Nicole O’Connor is here to help. In the event you find yourself needing advice regarding workers compensation, Nicole has the knowledge and tools to guide you successfully.