Illinois Workers’ Compensation Attorney

An on-the-job injury can have long-lasting and significant physical, financial, and even emotional impacts. That said, if you’ve been injured on the job in Illinois, you may be entitled to financial compensation, which can help you pick up the pieces and move on with your life. Continue reading and reach out to a knowledgeable and dedicated Illinois workers’ compensation attorney from the Law Firm of Kevin A. Moore to learn more about workers’ compensation benefits in Illinois, whether you qualify, and how our legal team can help you obtain them.

What Are the Most Common Work-Related Injuries?

In Illinois, workplace injuries are unfortunately common, affecting thousands of employees each year. According to the U.S. Bureau of Labor Statistics, private industry employers in Illinois reported 101,400 nonfatal workplace injuries and illnesses in 2023, resulting in a total recordable cases incidence rate of 2.4 cases per 100 full-time equivalent workers, matching the national rate. The most prevalent types of work-related injuries in Illinois include:

• Strains and Sprains: Often resulting from overexertion or improper lifting techniques, these injuries are common across various industries.
• Slips, Trips, and Falls: These incidents can occur in any workplace, leading to fractures, head injuries, or other serious conditions.
• Repetitive Motion Injuries: Tasks that involve repetitive movements, such as typing or assembly line work, can lead to conditions like carpal tunnel syndrome.
• Struck-by or Caught-in/between Injuries: Common in construction and manufacturing settings, these injuries occur when workers are hit by or caught in machinery or equipment.
• Work-Related Musculoskeletal Disorders (WMSDs): These include conditions like tendonitis or back injuries caused by repetitive strain or awkward postures.

Are All Employers Required to Carry Workers’ Compensation Insurance in Illinois?

Illinois law is clear: virtually every employer is required to provide workers’ compensation insurance for their employees. This requirement exists to ensure that workers who are injured on the job have access to medical care, wage replacement, and other critical benefits, without the need to prove fault or negligence on the part of the employer.

The Illinois Workers’ Compensation Act mandates that any business with one or more employees, whether full-time, part-time, or even family members, must maintain workers’ compensation insurance or get permission to self-insure. This applies to most industries, from factories to farms to retail stores. There are only a few narrow exceptions, such as certain sole proprietors or business partners, some real estate professionals, and specific agricultural enterprises.

Employers who fail to comply with this legal obligation face serious consequences, including hefty fines, possible criminal charges, and personal liability for the cost of an employee’s medical care and lost wages. If your employer claims they do not carry workers’ compensation insurance, or if you suspect they may be uninsured, do not let that deter you from seeking the benefits you are owed. The state has programs in place to protect injured workers in such circumstances.

What Workers’ Compensation Benefits Do Illinois Employers Offer?

Workers’ compensation benefits in Illinois are intended to provide injured employees with a comprehensive safety net. These benefits address not only immediate medical needs but also the financial repercussions of missing work, as well as longer-term disabilities and retraining, if necessary.

• Medical Benefits: First and foremost, injured workers are entitled to have all reasonable and necessary medical expenses covered. This includes doctor’s visits, hospital stays, surgery, physical therapy, medication, and medical devices. There is no deductible, and you are not responsible for copays related to your covered treatment. Under 820 ILCS 305/8(a), your employer is responsible for two provider choices of your own, along with any referrals those providers make.
• Temporary Total Disability (TTD) Benefits: If your injury prevents you from working while you recover, you may receive temporary total disability benefits. These benefits are generally calculated as two-thirds of your average weekly wage, up to a state-mandated maximum, and begin on the fourth day you are unable to work, with the first three days owed once your incapacity reaches 14 days. TTD benefits continue until you are able to return to work, or until your doctor determines that you have reached maximum medical improvement.
• Temporary Partial Disability (TPD) Benefits: Sometimes, an injured worker can return to a light-duty or part-time position but earns less than before due to their limitations. In these cases, temporary partial disability benefits can help bridge the gap between your pre-injury and post-injury wages.
• Permanent Partial Disability (PPD) and Permanent Total Disability (PTD) Benefits: If your injury leaves you with a lasting impairment, you may be entitled to permanent partial disability benefits, which are calculated based on the specific nature and severity of your disability. In cases of catastrophic injuries that prevent you from working in any capacity, permanent total disability benefits may be awarded.
• Vocational Rehabilitation: Should your injury prevent you from returning to your previous line of work, Illinois workers’ compensation may provide vocational rehabilitation benefits. This might include job retraining, education, or placement services designed to help you re-enter the workforce in a new capacity.
• Death Benefits: Tragically, some workplace accidents are fatal. In such cases, surviving spouses and dependents may receive death benefits to help offset the loss of financial support and cover funeral expenses.

Choosing Your Treating Doctor in Illinois

Illinois gives injured workers more control over medical treatment than many states, but that control has defined limits, and misunderstanding them is one of the more common ways a worker ends up personally responsible for a bill.

Your employer is obligated to pay for two providers you select yourself, plus every provider in the chain of referrals flowing from them. A referral is not a choice. If your first doctor sends you to an orthopedic surgeon, and that surgeon sends you for imaging and then to a pain specialist, all of it remains within your first choice.

Where workers run into difficulty is the third independent selection. If you become dissatisfied with both of your chosen providers and seek out a third on your own, without a referral, your employer is generally not required to pay for that treatment. You remain free to see any doctor you wish at your own expense.

A Preferred Provider Program changes the arithmetic. If your employer has a program approved under 820 ILCS 305/8.1a and notifies you of it in writing, declining to treat within that network counts as one of your two choices. Two narrow exceptions exist: where the network contains no provider who can furnish the treatment you need, and you have met any pre-authorization requirements, and where the Commission finds the care being provided within the network is inadequate.

Am I Entitled to Workers’ Compensation Benefits?

Determining whether you are entitled to workers’ compensation benefits can seem daunting, especially in the immediate aftermath of a workplace accident. Fortunately, the eligibility requirements are relatively straightforward in Illinois, and most employees will find that they are covered. Some things to keep in mind when determining whether you’re covered for workers’ comp in Illinois are as follows:

• You must be classified as an employee: This includes most part-time and full-time workers, as well as minors, undocumented workers, and, in some cases, certain independent contractors (though this can be a gray area that merits legal review).
• Your injury or illness must be work-related: The injury doesn’t have to happen on your employer’s premises. If you were performing a task or errand for your job, such as driving to a client site, picking up supplies, attending a conference, and so on, you’re generally protected.
• You must report your injury promptly: Illinois law requires you to notify your employer of your injury within 45 days of the incident (or within 90 days if it involves radiation exposure), though sooner is always better. Failing to provide timely notice can jeopardize your claim.
• Some exceptions may apply: There are situations where benefits may be denied. For instance, if you were intoxicated or engaging in horseplay when the injury occurred, your claim might be challenged. Injuries resulting from self-inflicted harm or criminal acts are also generally not covered.

If you have questions about your eligibility or if your employer or their insurance carrier disputes your right to benefits, feel free to read our workers’ compensation FAQ and/or contact The Law Firm of Kevin A. Moore. We can review your case and help ensure that you receive the protection and compensation the law affords.

Steps to Take After an On-the-Job Injury

The moments following a workplace injury are often chaotic; however, the steps you take immediately after your accident can have a lasting impact on your ability to secure the benefits you deserve. For this reason, you should do everything in your power to do the following after a workplace accident:

• Seek Medical Attention Immediately: Your health and safety come first. Get prompt medical attention, even if your injuries seem minor at first. Delaying treatment can worsen your condition and may also make it more difficult to prove that your injuries are work-related.
• Notify Your Employer: Inform your supervisor or employer about the incident as soon as possible (ideally in writing). Be clear about when, where, and how the injury occurred. Retain copies of any reports or correspondence.
• Document the Incident: Keep detailed records of your injury, including photographs of the scene (if safe and possible), witness names and statements, and all medical evaluations and treatments. These records can serve as crucial evidence if your claim is disputed.
• Follow Your Doctor’s Orders: Adhering to your prescribed treatment plan is essential, not just for your recovery, but also for your claim. Skipping appointments or ignoring restrictions can undermine your case and provide insurers with grounds to deny benefits.
• File a Workers’ Compensation Claim: In Illinois, you are not required to file a lawsuit against your employer. Instead, you file a claim with the Illinois Workers’ Compensation Commission (IWCC). Your employer should provide you with the necessary forms and guidance, but it’s wise to speak with a workers’ compensation attorney to ensure your claim is properly prepared.
• Contact a Workers’ Compensation Attorney: Even seemingly straightforward claims can encounter resistance from employers or insurance companies. An experienced workers’ compensation attorney can guide you through the process, advocate on your behalf, and maximize your chances of success.

How Long Do I Have to File a Workers’ Compensation Claim in Illinois?

Illinois law sets strict deadlines for reporting injuries and filing claims, and missing these deadlines can jeopardize your right to receive benefits.

To start, you must notify your employer of your injury within 45 days of the accident or discovery of your condition. Notification can be verbal or written, but written notice is preferable as it creates a record.

Additionally, to formally preserve your claim, you must file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission within three years of the date of your injury, or within two years of the last payment of compensation (whichever is later).

Importantly, some exceptions may apply, especially in cases of occupational diseases or repetitive trauma. For example, if you develop a work-related illness that only becomes apparent after years of exposure, the timeline may begin when you first became aware of the connection between your work and your condition. That said, the sooner you file your claim, the better.

What if My Workers’ Compensation Claim is Denied?

Unfortunately, even valid claims are sometimes denied by employers or insurance companies. Common reasons for denial include disputes about whether the injury is work-related, claims that you failed to notify your employer on time, or allegations that your injuries are less severe than reported.

A denial is not the end of the road. In Illinois, you have the right to appeal a denied claim through the Illinois Workers’ Compensation Commission. The appeals process can be complex and involves several stages, including:

• Requesting a hearing before an arbitrator
• Presenting evidence, such as medical records, witness testimony, and expert opinions
• Appealing an unfavorable decision to a panel of commissioners, and potentially, the Illinois courts

Importantly, many denials are overturned on appeal, especially when claimants are represented by experienced counsel. The Law Firm of Kevin A. Moore has a track record of successfully challenging denied claims and fighting for the benefits our clients deserve, and we stand ready to fight for you–all you need to do is pick up the phone and give us a call.

Common Questions From Injured Illinois Workers

How many doctors can I see under Illinois workers’ compensation?

Your employer is responsible for two provider choices of your own, plus anyone those providers refer you to. Referrals do not count as a separate choice. If your employer has an approved Preferred Provider Program and notifies you in writing, declining that network counts as one of your two choices.

When do TTD benefits actually start in Illinois?

Payment begins on the fourth day you are unable to work. If your incapacity continues for 14 days or more from the date of the accident, you are then owed compensation for the first three days as well. A gap in the first week is not necessarily a denial.

Does the Illinois Workers’ Compensation Commission handle my case, or a court?

Claims are filed with the Illinois Workers’ Compensation Commission and heard by an arbitrator, not filed as a lawsuit in circuit court. Circuit court review only becomes available after the Commission has ruled.

Contact a Workers’ Compensation Attorney in Illinois Today

Don’t go through the workers’ compensation claims process without a seasoned advocate in your corner–the Law Firm of Kevin A. Moore has extensive experience representing individuals who’ve been injured on the job or who have developed occupation-related illnesses, and we stand ready to put that experience to work for you. Contact a skilled Illinois workers’ compensation attorney from our legal team for a free case evaluation today. We proudly represent injured clients throughout Illinois, including in Bloomington, Chicago, Joliet, Aurora, Naperville, and Rockford.