Articles Posted in Workers Compensation

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Knowing who to turn to in the event of an Illinois work injury is key to recovering compensation. Most employees will only have to file a claim with their employer, but some claims may require prolonged involvement from other entities, including insurance companies and the Illinois Workers’ Compensation Commission (IWCC).

Your Employer

In the event of a workplace injury, the first party you’ll communicate with is your employer. It’s your employer’s responsibility to provide workers’ compensation benefits to their employees, and you’ll report your injury to them. Typically, injuries should be reported within 45 days of the time they occurred (or within 45 days of when you discovered that you were injured).

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In most cases, workers who are injured in Illinois can be covered by Illinois workers’ compensation. However, most people don’t realize that if they are living or working outside of the state, they may still qualify for Illinois workers’ compensation if certain requirements are met. If you’re employed by an Illinois company or if you usually work within the state, you may qualify for benefits.

Covering Out-of-State Work Injuries

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In most states, including Illinois, employees are not permitted to sue their employers for workplace injuries. The reason for this is because they are typically covered by their employers’ workers’ compensation insurance.

The Workers’ Compensation Compromise

Workers’ compensation covers most work injuries regardless of fault or liability. Illinois workers’ comp laws are particularly favorable toward workers, meaning you’re likely to be covered in the event that you are hurt on the job.

To be truly viable, your personal injury claim needs to be worth the cost of pursuing damages. Some of those costs—such as attorney fees—are contingent upon winning, but others may prevent you from recovering personal injury damages if they are higher than your case is actually worth.

The cost of a personal injury claim depends on a number of factors, but there are some common expenses to keep in mind.

Common Personal Injury Claim Costs

If you work remotely, you may be covered by workers’ compensation, even though your job duties don’t take you onto your employer’s premises. However, there are a number of factors that could impact your claim should you be injured on the job while working from home.

Remote Employee Vs. Independent Contractor

First of all, it’s important to distinguish whether you’re actually an employee. If you’re a freelancer or independent contractor, then you don’t qualify for workers’ compensation coverage.

Under Illinois law, the vast majority of employers must provide workers’ compensation coverage for their employees. As such, employers in the state can’t usually “opt out” of providing coverage or carrying workers’ comp insurance, though there may be some cases where an employer may elect not to provide coverage.

Industries that Must Provide Workers’ Compensation

The Illinois Workers’ Compensation Act allows employers to provide workers’ compensation coverage in exchange for being free from liability for workplace accidents (meaning employees usually can’t sue them for injuries sustained on the job). In some industries, this coverage is mandatory. The Workers’ Compensation Act is considered to automatically apply to industries involving:

Those who have become exposed to the novel coronavirus while on the job may be entitled to workers’ compensation, particularly when it impacts their ability to work and warrants medical treatment. However, it begs the question of how much these claims are actually worth. If your claim settles, how much would the payout be?

The simple answer is that it’s a bit early to tell just yet.

Settlements on Coronavirus Claims Are Uncertain

Workplace accidents can sometimes be fatal, but even if the employer was at fault, a lawsuit may not be possible due to the way workers’ compensation law works. In Illinois, workers (or in this case, their families) cannot sue the employer for negligence in these cases. However, there may be a possibility for a wrongful death lawsuit if other parties were involved in the injury.

The Workers’ Compensation Trade-off

Illinois workers’ compensation law is something of a trade-off. Employees cannot sue their employer for their injuries (except in certain rare cases), and employers are obligated to carry workers’ compensation insurance. Workers’ compensation benefits are provided regardless of fault, which means that while the employer may not necessarily be directly liable for a workplace injury, they are still responsible for covering the cost of those injuries.

Some of the most common questions Illinois residents have when it comes to worker’s compensation—as well as their answers—include those below.

What Injuries Does Workers’ Compensation Cover?

Workers’ compensation is designed to cover work-related injuries. As such, it pays for injuries or serious illnesses contracted in the course of your work duties.

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