Workers’ Compensation FAQ
- What constitutes a work injury in Illinois?
Illinois workers’ compensation operates under a “no fault” system, which means that it does not matter if the employer or the employee is at fault. In order to establish a workers compensation claim, the injured employee must show that the injury or illness arose out of and in the course or his or her employment. It is important to note that if you fail to notify your employer immediately of your work-related injury or illness, you could jeopardize your ability to receive workers’ compensation benefits. Workers’ compensation benefits include payment of medical expenses, weekly lost wage compensation, vocational retraining and compensation for any permanent disability. Please keep in mind that it is important to seek the advice of an attorney immediately, as there may be additional circumstances that could prevent an injured worker from receiving workers’ compensation benefits.
- What injuries, diseases or illnesses are covered by workers’ compensation?
Injuries and illnesses that arise out of and in the course of employment are compensable under the Illinois Workers’ Compensation Act. It’s important to note that you do not have to experience a one-time, traumatic incident or accident occurring on a specific date. Some illnesses and injuries develop over time. For example, carpal tunnel syndrome is the result of repetitive use of the hands and arms. An aggravation of a preexisting injury or illness may also be compensable under the Act. In some cases, a third party is responsible for your work injury. Our office can help you deal with the workers’ compensation claim in addition to any possible third party case.
- What do I have to do to receive workers’ compensation benefits?
In order to be successful in bringing a workers’ compensation claim, the employee must prove that proper notice of the injury or illness was given to the employer; that the injury arose out of and in the course of employment; and that the medical condition was caused or aggravated by the accident, repetitive use of the injured body part or exposure to something in the workplace. There may be additional issues that must be resolved in order to make a successful claim to workers’ compensation benefits. Due to the complicated nature of establishing a workers’ compensation claim, it can be extremely beneficial to the employee to speak with an attorney as soon as possible after the date of injury or onset of disease or illness.
DISCLAIMER: The previous information is presented as a general discussion of Workers Compensation in Illinois as of the date of publication. In no way is this information a complete representation of Illinois law and will not reflect future changes in the law. The previous information will not take into account the specific circumstances of each individual’s case and should not be taken as legal advice. If you would like to know how the law applies specifically to you and the job-related injury you suffered, please contact the Law Offices of John M. Borcia at (847) 244-0690 to speak with one of our workers’ compensation attorneys, or contact us by email at your convenience.
Our office offers free consultations. Evening and week-end appointments available. Home and hospital visits available upon request.
Your Rights Under Worker’s Compensation