On the job injuries are a fact in every walk of life. Everyone from factory workers to construction workers to nurses to secretaries to school teachers - no one is immune from the risk of being injured while at work.

In recognition of this fact, Illinois law has created a no-fault workers' compensation system and requires employers to carry workers' compensation insurance. When you are hurt on the job, you are entitled to benefits under the Workers' Compensation Act.

What does "on the job" mean?

The concept of being on the job at the time of injury is sometimes broader than simply being on the clock. For example, you may be covered by workers' compensation if:

• You have to travel for your job, or
• If you are hurt while on company property before or after work.

When there's a question of whether you are "on the job" for workers' compensation purposes, you can count on your employer's insurer denying coverage and preventing you from getting the benefits you are entitled to.

Workers' compensation is a no-fault system

This means that even if the accident was your fault, you cannot be denied benefits as long as you were hurt on the job. On the other hand, even if your employer or co-worker was grossly negligent in causing your injury, this will not increase the amount of the benefits you receive.

However, if there is someone to blame for the accident besides your employer or a co-worker, then you can bring a lawsuit against the responsible party (depending on the facts that resulted in your injury) in:

• Construction accident cases
• Premises liability cases
• Automobile accident cases
• Products liability cases

Three basic benefits

In a worker's compensation case, you get three basic benefits:

1. You have a right to payment of all your medical expenses. You have the right to choose your own doctor and cannot be forced to go to the company clinic for care.

2. You have a right to payment of two-thirds of your average weekly wage while you are unable to work.

The computation of your average weekly wage as defined by the Workers' Compensation Act is sometimes a source of considerable controversy, and competent representation can ensure that you receive everything that you are due while you are off work.

3. You are entitled to a lump sum payment for any permanency associated with the injury.

The Workers' Compensation Act sets a value for every part of the body in terms of a number of weeks pay. If you have a permanent injury, you are entitled to a lump sum based on the degree of loss to that part of your body at a rate of 60% of your average weekly wage.

Getting your own legal representation ensures that the injury is properly evaluated for the extent of the loss and that the proper figure is being used for your average weekly wage. Without legal representation, there is a real risk that your case will be undervalued.

There are other benefits available under the Workers' Compensation Act such a job retraining for those who are unable to return to work at their former occupation. When the new job results in a lower wage, the injured worker is entitled to a wage differential.

Retaliation is illegal

It is illegal in Illinois for your employer to retaliate against you for filing a workers' compensation claim. Any adverse action taken against you by your employer may be the basis for a separate civil lawsuit against your employer. You have the right to workers' compensation benefits as provided by law, and your employer cannot punish you for exercising those rights.

Receiving workers' compensation following an injury is not always easy. Employers can deny claims, or the Workers' Compensation Commission may grant an inadequate amount.

Workers' Compensation FAQ

If you've been injured, first notify your employer. Then contact an experienced work injury lawyer. Chicago workers' compensation lawyer Barry Doyle can help you fight the red tape to get any workers' compensation benefits you may be entitled to. Call or email us today for your free legal consultation. No recovery, no fee.

Return to the top of the page

TEXT

- Practice Area - Nursing Home Abuse Accidents Wrongful Death Severe Injuries Work Related Injuries Medical Malpractice Product Liability Message