About Your Workers’ Compensation Rights In Illinois

If you were injured on the job in Illinois, as in other states, you likely qualify to receive workers’ compensation benefits. Workers’ compensation is a system under the law that allows workers to receive compensation for injuries at work without filing lawsuits.

On This Page

Who Is Covered By Workers’ Comp In Illinois?
Why Does Workers’ Compensation Exist In Illinois?
Why Our Firm Was Voted Best Workers’ Comp Law Firm In Naperville
When Should I Hire An Attorney For My Workers’ Compensation Case?
Timeline Of A Workers’ Compensation Case In 8 Steps
How We Approach Workers’ Comp Cases​
What Can You Do To Protect Your Workers’ Comp Claim After A Work Injury?​
What If Your Union Pledges To Watch Out For You?
Get A Free Consultation With A Naperville Workers’ Compensation Attorney

Who Is Covered By Workers’ Comp In Illinois?

Workers who are susceptible to injury may include nurses, nursing home workers, auto workers, construction workers and others who regularly perform repetitive tasks or may be union workers. However, workers’ compensation is available to all kinds of workers, including office workers, educators and hospitality workers, such as hotel employees, waiters, cooks and other food service workers.

No matter what your occupation is, if you are covered by workers’ compensation, you should be able to get medical care almost immediately after an on-the-job injury through workers’ compensation benefits. Then, if you are unable to work for several weeks or months because of your injuries, you may also qualify for temporary or permanent disability compensation and other types, as follows:

• Temporary total disability (TTD) if you are unable to work for a while after being injured
• Temporary partial disability (TPD) if you are available for light-duty work while recovering
• Vocational rehabilitation and maintenance benefits, if applicable
• Permanent partial disability (PPD) if an employee can return to work but has a permanent disability or disfigurement
• Permanent total disability (PTD) if you are no longer able to work because of your injuries
• Death benefits for surviving spouses or minor children after a work-related fatality

Workers’ compensation is not necessarily the only source of compensation you have access to after a workplace injury. You may have private insurance. In addition, if a person or company that is not your employer was negligent and therefore responsible for your accident, you may be able to bring a third-party liability claim, which would be a separate personal injury case.

For the most expedient and effective coordination of efforts to get your injuries and losses paid for after a workplace injury, turn to experienced workers’ compensation lawyers. At Marker & Crannell, we are proud to represent our fellow Naperville area neighbors and clients in other nearby communities who have been injured while engaged in occupational activities.

Why Does Workers’ Compensation Exist In Illinois?

The Illinois Workers’ Compensation Act was established in 1917 to enable injured workers a way to access three main benefits when they are hurt on the job:

1. Payment of lost time from work when a doctor has you off or restricted.
2. Payment for all medical benefits that are related to your injury.
3. Payment of a settlement for the permanency of your injury.

Before 1917, injured workers had to file personal injury lawsuits against their employers and prove negligence to recover compensation for their injuries. All too often, employees were unsuccessful, and the state recognized employees and their families needed help. When the state of Illinois enacted the Workers’ Compensation Act in 1917, it created a no-fault system, meaning employees no longer had to prove negligence against their employers. Rather, when an employee is now hurt on the job, they are automatically entitled to the three benefits mentioned above.

Shortly after the act was passed in 1917, every employer in the state was required to obtain workers’ compensation insurance in order to pay its claims – or risk going bankrupt paying claims themselves. Over the years, the insurance industry has fought to limit the benefits to injured employees. The act has been amended many times, and over the years, injured employees have seen their rights being taken away even further. Make no mistake – it is the multimillion-dollar insurance industry fighting most workers’ compensation cases. It is the insurance companies that pay the time-off benefits, the medical bills and ultimately the settlements. Their job, of course, is to pay as little as possible and create obstacles for every injured employee to overcome.

The workers’ compensation act is very specific in its requirements and allowances. Failure to meet the requirements may result in an employee’s claim being denied. From the onset, there are requirements for reporting the accident to your employer and then, which physicians you may choose. The entire landscape is full of landmines that can destroy one’s ability to get the medical care and financial benefits they deserve.

At Marker & Crannell, our attorneys will shoulder the financial burden and the stress of pursuing work accident benefits so you can concentrate on healing. We will help you find the right doctors, get compensation you are entitled to while you’re off work, and even file an initial claim with the proper insurance company if your employer is refusing to do so. When disputes arise, our lawyers are familiar with all aspects of the system – we know the insurance adjusters, the arbitrators (judges) and attorneys representing the employers. Our reputation is built on decades of experience.

Our life’s work is to help you in your time of need. Call us for a free consultation now. We are here for you – the hardworking people of Illinois.

Why Our Firm Was Voted Best Workers’ Comp Law Firm In Naperville

We are pleased to be recognized as one of Naperville’s top three law firms. Our ranking highlights our history of supporting and protecting injured workers in our community.

As Naperville’s top workers’ comp law firm, we go above and beyond for our clients. Our workers’ comp lawyer, Jason Marker, is dedicated to helping injured workers fight for and obtain the benefits they are entitled to. He has helped countless workers handle workers’ comp claims and appeals, and is prepared to guide you through yours successfully. Read more answers our attorneys have shared for common questions related to workers’ comp cases and contact the firm at 630-912-6009.

When Should I Hire An Attorney For My Workers’ Compensation Case?

Although there is not one definitive moment a person should hire an attorney, there usually comes a reason at some point in the case. From a legal perspective, there is never a bad time to have a lawyer on your side, and for that reason alone, we recommend hiring an attorney as soon as possible after a work injury. However, some common moments when you should most consider hiring an attorney are as follows:

1. Questionable employer actions: If you are notifying your employer of an injury and they are not opening a claim with their insurance company, not providing you with their workers’ compensation insurance information or otherwise just telling you “you are fine” or “they will take care of your medical bills.” These are all signals that the employer’s motivation is to save money by not filing a claim with their insurance. These delays can have a serious impact on your case – especially if you are waiting on the employer before seeing a doctor. If this happens to you, it is imperative that you hire an attorney to help you open a claim through the employer’s workers’ compensation insurance and find a quality physician who understands workers’ compensation complexities.
2. Misguided medical advice: When the company doctor does not take you off work completely and your employer is requiring you to do work that seems too hard to do. The law allows an employer to ask you to go to their company doctor. You are not required to (you can go to your own doctor from the onset), but employers typically don’t share that you have a choice of your own doctor. However, most employees follow directions without knowing better and go to the company doctor. What they don’t realize is that the company’s doctors rarely, if ever, take a person completely off work. Rather, they place them on light duty. This is because they work with the employer/insurance carrier to save money by having to pay workers’ compensation benefits while you’re off work. The travesty here is that many injuries require rest and/or time off and returning to work too early, even on light duty, could make your condition much worse. Even more concerning, if the company doctor says you can return to work full duty too early, the insurance company will fight you later if and when you try to get your own doctor who says otherwise. Many folks hire a work injury attorney in these scenarios when their care is dragging, they are still required to work light duty and they seem stuck in quicksand with their medical progress. This is when you need an attorney to help you get to the right doctor who understands the complexities of the workers’ compensation system and can provide you with the care you need.
3. Independent medical evaluations: When you receive any notice that the insurance carrier is setting you up for an IME (independent medical evaluation). The law allows an insurance carrier to require that you attend a visit with a doctor of their choice. When an insurance carrier does this, however, they are choosing a doctor they work with and ask for opinions from that doctor that help them in the case. It’s usually a sign that they are about to fight your case or cut off your benefits. You need to reach out to an attorney ASAP.
4. Claim denial: When you receive any letter, email or other notice that your claim is officially denied, you need to consult with an attorney ASAP. Just because the insurance carrier says the case is denied does not mean so. Many times the basis for their denial is not valid and can be fought by an experienced workers’ compensation attorney.
5. No settlement: When you have finished your medical treatment and have returned to work, or if you have finished your treatment and have a permanent restriction but cannot return to your job. In both cases, you are entitled to a settlement for your injuries or for the loss in wages moving forward if you cannot return to work. The insurance carriers will rarely tell you of your rights to a settlement or make an offer, and even if they do, the offers are usually woefully low or inappropriate (even if they tell you you’ll save money on attorney’s fees). Our studies have shown that people who hire attorneys obtain 10% more on average in their settlements even after paying attorneys’ fees. Frankly, settling your case without an attorney is simply leaving money on the table.

Timeline Of A Workers’ Compensation Case In 8 Steps

The average nondisputed case is paid and closed within eight months, while the average disputed case is not concluded/paid for three years. Here is a general timeline with some statistics and examples provided:

• Step 1: Accident – 33,250 work injury cases were filed in Illinois in 2022. Documenting the accident should be the first step so the details remain clear after time passes.
• Step 2: Notice to employer – Should be done as soon as possible. Law requires 45 days.
• Step 3: Medical treatment – Employee should seek medical care immediately. The longer the gap, the worse it looks to insurance companies. The average injury takes four to six months to treat.
• Step 4: Off work – If, while going through medical treatment, the doctor takes you off work, we will seek TTD payments for you. (2/3 of your average weekly wage). The average timeframe an employee is off work for a case is three months.
• Step 5: Return to work/release from medical care
• Step 6: Ordering of all medical records – The attorney will order a full set of medical records and bills to ensure all bills are paid and understand all the treatment your doctors provided. Typically, it takes two months to get all of these records.
• Step 7: Settlement negotiations or trial – After reviewing records, the attorney will value your case – advise what he/she thinks is the value a judge would award. We will begin settlement negotiations. The average case takes about two to three months to settle after all medical records are received. If there is no response or the case is disputed, we will motion for a trial.
• Step 8: Trial – 1,392 cases went to trial in Illinois in 2022, which is a little over 4% of all cases. In workers’ compensation, a trial is initially held with an arbitrator. If the employee wins, 58% of cases are appealed to the next level, the commission, where a panel of three commissioners can make their own determination. This appeal process to the commission typically takes about one year to complete. From there, only 19% of cases are appealed to the next level, the county circuit court. Those appeals typically take about nine months. From there, only a small percentage get appealed to the Illinois Appellate Court. Those appeals take typically a year. The last level of appeal can be made to the Illinois Supreme Court, but those are very rare.

How We Approach Workers’ Comp Cases

At Marker & Crannell, we start every workers’ comp case with a no-cost initial consultation, where we learn more about your injuries and determine our approach to help you. After this meeting, we will begin gathering evidence to bolster your case, including:

• Medical professional statements
• Medical records
• Witness testimonies
• Workplace accident reports

Once we gather evidence, we will assist you in accurately and promptly filing your workers’ comp claim. We will handle the paperwork and ensure that all required documents are submitted correctly to avoid any delays in your case. If your claim is denied, we will guide you through the appeals process and do everything in our power to secure benefits for your recovery.

What Can You Do To Protect Your Workers’ Comp Claim After A Work Injury?

Depending on the circumstances, if possible, you should report your accidental injury to your supervisor or human resources (HR) department. Your employer’s workers’ compensation insurer may then tell you where to receive medical care. If you have already gone to another doctor, be sure to keep your receipts and, as soon as possible, coordinate the rest of your care with the workers’ comp insurer or your HR officials.

Besides reporting your accident, you should demonstrate a good-faith effort to get better after an accident on the job. This means you should keep your doctor appointments, participate in physical therapy as recommended and otherwise do your part to get well. Keep all medical receipts and keep track of where your medical records are housed.

If all goes well, you should have access to all available and legally mandated workers’ compensation benefits. Unfortunately, sometimes employers or workers’ compensation lawyers take steps to block employees from getting all the benefits they are eligible for. For example, your work-appointed doctor may say you are ready to go back to work before you are ready. Or the insurer may stop paying TTD or TPD before you feel able to work again.

By working with an experienced workers’ compensation lawyer, you can be reassured that your rights are being monitored. You will have an advocate ready to take up your case at any point.

What If Your Union Pledges To Watch Out For You?

Union workers sometimes have the mistaken notion that their unions will back them up after they have suffered injuries on the job. While unions do provide useful services, they are not trial-ready and do not have the legal training and experience that make for a successful advocate in case of a dispute with the employer or their workers’ comp insurer.

At Marker & Crannell, we welcome the opportunity to represent clients from the beginning of their workers’ compensation eligibility and for as long as necessary to ensure that they receive all due workers’ comp benefits. We are knowledgeable and skilled in communications with all important people and organizations with relevant roles to play in injured employees’ recoveries, including:

• Medical care providers
• Employers and their HR representatives
• Workers’ comp insurers
• Unions that advise their members

To learn about the simplified, comprehensive guidance offered by our injured union worker attorneys, schedule an initial consultation regarding your injuries, such as those discussed below.

Get A Free Consultation With A Workers’ Compensation Attorney In Naperville

At Marker & Crannell, a work injury attorney will evaluate your case, explain how we can help and start right away representing you as needed to maximize all available benefits for you after a workplace accident.

To get your name on our booking calendar, please call us at 630-912-6009 or send an email inquiry to schedule a consultation. We will come to your home, hospital or workplace as necessary. If you would like to skip our initial intake process, please consider the option of completing this form prior to our meeting.