Chicago, Illinois – Employers in Illinois are required to provide workers’ compensation insurance for nearly all employees, and failure to do so can result in significant penalties. It is crucial for workers in the state to understand their rights and responsibilities in the event of a workplace injury. Here is a concise guide to the workers’ compensation laws in Illinois.
Workers’ compensation laws in Chicago, IL apply to almost all employees, whether they are part-time or full-time. This coverage includes employees who sustain injuries while working in Illinois, those whose work is centered in the state, and employees whose employment contracts were signed in Illinois. If a worker is injured during the course of their employment, they have the right to file a claim for workers’ compensation benefits. In the tragic event of an employee’s death due to injury or illness, their spouse and children under 18 are eligible to receive benefits. If the employee did not have a spouse or children, their totally dependent parents can seek compensation.
However, there are certain exemptions to workers’ compensation laws in Illinois. Sole proprietors, business partners, corporate officers, and members of limited liability companies are generally exempt, although this exception does not apply to employers engaged in hazardous occupations. Independent contractors, police officers, and firefighters are also exempt from the coverage provided by Illinois workers’ compensation laws.
It is essential to note that employers are prohibited from charging any portion of the workers’ compensation benefits to the employee or engaging in any form of harassment or discrimination after a claim has been filed. If an employer does not have workers’ compensation insurance, employees are encouraged to report it to the Workers’ Compensation Commission. This report can be made anonymously, ensuring no adverse consequences for the employee.
Chicago, IL workers’ compensation laws safeguard various benefits for workers, including medical care necessary for injury recovery, temporary total disability benefits for the period when the employee is unable to work, temporary partial disability benefits for those who can work on lighter duties while recovering, vocational rehabilitation/maintenance benefits, permanent partial disability benefits for employees who have sustained permanent impairments but can still work, and permanent total disability benefits for those who are permanently unable to work following an injury. Additionally, family members of an employee who has passed away due to a work-related injury or illness are eligible for death benefits.
If an employee is unable to work for more than three days after an injury, the employer is required to initiate temporary total disability benefit payments, provide a written explanation of the information needed to commence these benefits, or provide written reasons for denying them.
In a workers’ compensation claim, the burden of proof lies with the employee, meaning they must substantiate their eligibility for benefits. To support their claim, employees must demonstrate the applicability of Illinois workers’ compensation laws to their situation, the existence of an employee-employer relationship on the day of the accident, proof that the accident or exposure occurred during the course of employment, establishment of a causal connection between the injury or disease and the accident or exposure, and timely notification of the accident or exposure to the employer.
For individuals injured at work, it is crucial to promptly inform their employer of the incident. This notification can be oral or written, and should include details such as the date and location of the accident. The injured employee must inform the employer of their injuries within 45 days. In cases involving radiological exposure, the employee must notify the employer within 90 days of becoming aware of an excessive radiation dose. If the injury stems from an occupational disease, the employee should report it to the employer as soon as practically possible after becoming aware of the disease.
Subsequently, the employer will inform their insurance provider, even if they dispute the claim. If the employer refuses to provide benefits, the employee can directly file a claim with the Workers’ Compensation Commission via email or in person. This claim must be submitted within three years of the injury, death, or disablement, or within two years from the last payment of temporary total disability benefits or a medical bill. The employee requires an Application for Adjustment of claim along with a Proof of Service, demonstrating that a copy of the application was served to the employer. The case will be assigned to an arbitrator and scheduled for an automatic status call every three months. Either party can request a trial during this call. If the case remains unresolved after three years, the arbitrator may dismiss it unless there are adequate reasons presented for continuation.
Once a claim is filed with the Commission, an arbitrator will hold hearings and finalize the case once the employee has achieved maximum medical improvement. Settlements between the employer and employee can also be reached during this period. The parties can present a settlement contract with agreed-upon terms for the arbitrator’s approval. This agreement becomes binding only after approval.
In the event that no settlement is reached and the arbitrator denies compensation, the employee has the right to appeal the decision to a panel of three commissioners. These commissioners will review the decision, evidence, trial transcripts, and written statements by the involved parties before conducting a hearing. Within 60 days, the panel will render its decision.
If an employee disagrees with the Commission’s decision, they have the option to appeal to the Circuit Court. The appeals process can escalate to the Appellate Court and, in certain cases, even the Illinois Supreme Court. Additionally, if an employer deliberately fails to provide workers’ compensation coverage, the employee can seek compensation by initiating a lawsuit in civil court.