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Qualifying for Benefits under the Illinois Workers' Compensation Act

DuPage County Workers' Comp Lawyer Serving Illinois

If you have been injured in a workplace accident, or if you have suffered bodily harm that was caused by tasks or activities you performed while working, you will usually be able to receive workers' compensation benefits. You must complete the following three steps to qualify for benefits:

  • Declare that you were injured in the course of your employment and because of a risk arising from your employment.
    • Course of Employment - Think of the time and place of your injury. Injuries on company property are generally covered, and employees who travel for work will usually be covered during these trips. Coverage extends throughout the workday, and in some cases, it may apply during a modest period before and after work hours.
    • Arising from Employment - The injury must be caused or made worse by factors related to your employment. Demonstrating that an injury was work-related can be tricky, and doing so usually requires assistance from a lawyer.
  • Give notice of your injury to a person in management at your workplace.
    • Notice - You must report the injury to a person in a management position, either orally or in writing, within 45 days of the incident or your discovery of the injury.
  • File a workers' compensation claim.
    • Statute of Limitations - A workers' compensation claim must be filed with the Illinois Workers' Compensation Commission by filling out an Application for Adjustment of Claim. You have three years from the incident that caused the injury or two years from the last compensation payment, whichever is later, to complete this application. This must be done in addition to notifying your employer of the injury.

Things to Know About Qualifying for Workers' Comp Benefits

When you file a workers' compensation claim, you will need to understand the following:

  • Your employer may not offer a settlement, and they are not required to do so.
  • Unless your employment requires it, you do not have to use up all of your sick or vacation days before accepting workers' compensation benefits.
  • Under the Illinois Workers' Compensation Act, you can choose your own doctor, and you are not mandated to attend examinations scheduled by your employer.
  • The Illinois Workers' Compensation Act is a no-fault law; you are eligible for benefits even if you contributed to your own injury.
  • A work related injury may be an isolated incident (falling down) or a reoccurring action that leads to an injury, condition, or illness (such as regular inhalation of a toxic chemical).
  • The attorneys at Mevorah & Giglio Law Offices have the knowledge and experience needed to handle your employer, their insurance company, and their lawyers. Call 630-932-9100 today or fill out a contact form for a free no-obligation consultation. We will help you qualify for and receive the benefits you deserve.

Types of Workers' Compensation Benefits

Once you qualify, you will be eligible for the three main benefits under the Illinois Workers' Compensation Act: medical benefits, temporary disability benefits, and permanent partial disability benefits.

  • Medical benefits - You have the right to be treated by two doctors and their referrals at the cost of your employer. This includes reasonable and necessary treatment for all effects of your injury.
  • Temporary disability benefits - For the period of time your injury prevents you from working, you are entitled to receive two thirds of your salary, tax-free. If you are able to return to work on a limited basis, you can receive two thirds of the difference between your previous salary and the reduced amount you can earn while recovering. The amount of benefits will be calculated based on your average weekly earnings for the 52 weeks preceding the incident.
  • Permanent Partial Disability - If you are injured but can return to your previous position, you may receive compensation for any permanent impairments you have suffered. The compensation you can receive for these injuries will be based on the percentage of loss of use for the specific body part, as listed below. Compensation benefits are calculated by multiplying the percentage of loss in use of the body part by the number of weeks that will apply for that body part, and this will determine the number of weeks of pay you will receive. Benefits will pay 60 percent of your average weekly wage for that number of weeks.
Injury Weeks
Thumb 76
Index Finger 43
Middle Finger 38
Ring Finger 27
Little Finger 22
Great Toe 38
Other Toe (each) 13
Hand 205
Arm 253
Leg 215
Foot 167
Eye Sight (1 eye) 162
Hearing (1 ear, complete) 54
Hearing (2 ears, complete) 215
One Testicle 54
Two Testicles 162
Fracture to a Vertebrae at least 6 weeks
Skull Fracture (cranial vault) at least 6 weeks
Facial Bone Fracture at least 2 weeks

In some cases, you may also be eligible for benefits that address disfigurement (scarring), exposure to chemicals, death (minimum of $250,000), permanent loss of wages, or permanent total disability. Vocational Rehabilitation, which is 100 percent paid for by your employer, may be available if your injury prevents you from returning to your previous work. Vocational rehabilitation consists of training that will ensure that you will be able to find employment at an income level that is equivalent to work you had previously performed.

Contact Our Naperville Workers' Comp Benefits Attorneys

Contact our experienced attorneys today at 630-932-9100 for help with qualifying for workers' compensation benefits. We offer evening and weekend appointments as well as 3 locations, including Lombard, Bloomingdale, and Naperville.

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