Please choose from the following questions:

• What is Workers' Compensation?
• What happens when you file a Workers' Compensation claim in Illinois?
• What does the Illinois Workers' Compensation Act demand of employers?
• If I was partly responsible for my railroad accident, can I still file a claim for damages?
• Is there a statute of limitations for filing a F.E.L.A. case?

1. What is Workers' Compensation?

Workers' compensation is a no-fault system which provides compensation to injured workers in Illinois. It does not cover federal government employees, railroad workers, and certain classes of maritime workers.

Under workers' compensation, injured workers are entitled to three basic benefits when they suffer an on-the-job injury. These include payment of two-thirds of your average weekly wage while you are off work, payment of your medical expenses, and lump sums for permanency from the injury.

2. What happens when you file a Workers' Compensation claim in Illinois?

First you must report the accident to your employer, preferably to a supervisor, within 45 days of the injury. After you submit the Workers' Compensation claim paperwork to the Illinois Workers' Compensation Commission, your case will be heard by an arbitrator, who will make a decision as to whether you may receive compensation or not.

The arbitrator's decision can be appealed, and then will be reviewed by a panel made up of three Illinois Workers' Compensation Commissioners.

3. What does the Illinois Workers' Compensation Act demand of employers?

It requires the employers:

• Obtain Workers' Compensation insurance
• Post a notice in each workplace listing the insurance carrier and explaining your rights
• Keep records of work-related injuries and if any involve more than 3 lost work days, report those to the Commission

The Act also requires that employers NOT do some things:

• Not punish, harass, or discriminate against an employee who exercises his or her rights under this law
• Not pass on to employees any part of the insurance premium for Workers' Compensation

4. If I was partly responsible for my railroad accident, can I still file a claim for damages?

Yes, and you should consult an accident attorney as soon as you can. Railroad claims are handled under the FELA. While you must prove that the railroad was at least partly negligent in causing your accident, you can still be eligible for damages if you also were partly responsible.

Whatever percentage of fault you're found to legally have, that percentage will be deducted from the compensation amount. If the railroad was guilty of violating federal safety statutes or regulations, this may prevent them from blaming you for the accident.

5. Is there a statute of limitations for filing a F.E.L.A. case?

Yes. The Federal Employer's Liability Act imposes a 3-years time limit from the date of your accident.

If your injury is not a sudden one, but an occupational disease such as silicosis or a repetitive stress injury such as carpal tunnel syndrome, that 3-year period begins to run on the date you knew (or reasonably should have known) that you had that work-related injury.

If you don't file your claim within the 3 years, you'll lose your right to do so permanently. That makes it very important to consult a F.E.L.A. attorney as soon as possible because it's time-consuming to investigate accident situations and medical information.

You could be entitled to compensation for your work-related injury, so don't delay in consulting a lawyer. Call or email Aurora workers compensation lawyer Barry Doyle for your free legal consultation. No recovery, no fee.

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