Worker’s Compensation Insurance Coverage Law
Workers’ compensation is a system of compensation provided, by law, for employees who sustain work-related injuries or illnesses and the damages are paid regardless of fault. Almost every injured employee, who suffers an injury and whose place of work is in Illinois, is legally insured. Qualifying employees are insured from the beginning of the employment relationship. In most cases, the law covers compensation for damage caused, partly or entirely, by an employee’s work.
Forms of Workers’ Compensation
- Medical care necessary to cure the employee of the effects of injury or bring him relief;
- Compensation for temporary full disability (TTD) is due when an employee is not going to work and is recovering;
- Compensation for temporary partial disability (TPD) is due when the employee is recovering but does light work;
- Vocational rehabilitation/reimbursement of living expenses will be provided to the injured employee who participates in the employee’s rehabilitation program;
- Compensation for permanent partial disability (PPD) is due to a permanent or disabled employee who may work;
- Compensation for permanent total disability (PTD) is due to an employee who is permanently unable to work;
- Compensation to family members in the event of the employee’s death.
According to the law, the employer is responsible for compensation for employees. Most employers purchase commercial insurance for employees, and the insurance company pays employees compensation for the employer. The employee does not have to pay any workers’ compensation and compensation received is not taxable under state or federal law and is not reported as income.
To identify the party responsible for paying compensation, an employee may check with human resources or benefits coordinator at their workplace, visit the Commission’s website, or contact the Commission Compliance Department (inscompquestions.wcc@illinois.gov; toll-free line 866-352-3033).
Illinois Workers Compensation Act and Application to Cases
The Illinois Workers’ Compensation Act 820 ILCS 305 provides employees who suffer work injuries or work-related aggravations of injuries or conditions compensation. When employees sustain injuries, they can obtain compensation for the lost wages and related expenses due to the incident by filing a claim with the Illinois Workers’ Compensation Commission (IWCC). Based on the law, the employee is not required to prove negligence or nor bear blame and, and an employee is barred from suing employers for damages. Generally, employees have 3 years to bring a workers’ compensation claim in Illinois. Lawsuits must begin three years after the accident or two years after employee last received compensation benefits, whichever is later. If the injury becomes “repetitive” then the statute of limitations may vary.
Workman’s Compensation in Illinois
Illinois employers have the following requirements:
- Assumptions of employee insurance or obtaining insurance consent in-house;
- Providing an informant explaining the employees’ rights in the light of the Employee Insurance Act and specifying the insurer, policy number, contact information, etc. at every workstation;
- Document work-related injuries and report to the Commission on accidents resulting in the loss of three or more business days;
- DO NOT oblige the employee to pay any part of the employee insurance premiums or compensation;
- DO NOT blackmail, dismiss, refuse to work, or discriminate against any employee for performing their legal actions.
In the event of injuries resulting from an accident at work, employees deserve compensation for medical expenses, lost pay, pain, and suffering. It doesn’t matter if the accident was the fault of the employee, provided they were at work. By law, most employers must be insured and must provide employees with all necessary forms at your request.
The process to secure benefits and compensation can be complicated and time-consuming. And, as with many claims, insurers typically look more at their bottom line over providing those who are injured with the required compensation. It’s always best to consult with a lawyer regarding a known to find every way to avoid paying compensation.
Illinois Employee Benefits & Workers’ Compensation
Illinois law, in comparison with other states, favors employees. It covers everything from permanent injuries (tendinitis, carpal tunnel syndrome) to injuries that weaken the spine and back. Most employees will receive the money they need if they follow the insurer’s requirements. But it’s advisable to consult with a lawyer before signing anything with the insurance company to maximize compensation.
In many cases, employee benefits and compensation may come from sources other than work. If the accident is not only caused by the employer and, for example, a subcontractor or general contractor, then the employee can set up a separate claim.
For more information regarding any Workers’ Compensation questions, please contact us by calling 855-980-0078 or complete the case request form.