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Work injuries are an unfortunate reality in many professions. In Chicago, most workers who suffer injuries or illnesses on the job are protected by the Illinois Workers’ Compensation Act. The following information will help you understand that basic protections available, but it is always wise to work with a Chicago work injury attorney directly to find out more specifics that may apply to your unique case and the industry in which you work.
From a Chicago Work Injury Attorney: Legal Protections for Chicago Work Injuries
Coverage Under the Illinois Workers’ Compensation Act
The Illinois Workers’ Compensation Act is designed to provide benefits to nearly every worker in Illinois, and thus it often offers the best and most comprehensive protections available to those who work in our state. Included in protections are employees of private companies – even companies so small there is only one employee –; most state and local government employees (excluding Chicago police and firefighters); employees of religious and charitable organizations; many domestic workers and agricultural workers; and even those injured out of state, if they were hired or typically work primarily in Illinois. The Act covers injuries and illnesses that occur in the course of employment or are aggravated by job-related activities.
Excluded Employees
Chicago police and firefighters are generally not covered under this Act but may receive benefits through the Public Employees Disability Act. Federal employees typically find coverage under the Federal Employees’ Compensation Act (FECA), and railroad workers are covered by the Federal Employers’ Liability Act (FELA). Similarly, longshoremen, shipyard, and harbor workers are protected by the Longshore and Harbor Workers’ Compensation Act.
Independent contractors are generally not considered employees under the Illinois Workers’ Compensation Act and thus are not covered by its protections. However, it’s not always easy to see the distinction between an employee and an independent contractor, and the Illinois Workers’ Compensation Commission always has the final say in how a worker is to be classified for the purposes of compensation. The most important factor is not whether you received a W2 or 1099 form but the level of control your employer has over your duties. Talk with a lawyer right away if you have been injured and currently believe you are an independent contractor.
Benefits Provided
Under the Illinois Workers’ Compensation Act, injured workers are entitled to things like medical benefits, temporary total disability (TTD) benefits, temporary partial disability (TPD) benefits, permanent partial disability (PPD) benefits, vocational rehabilitation, and death benefits for surviving dependents. Here’s some of what that entails:
Medical Benefits
Employers are required to pay for all necessary medical care related to the work injury. This includes first aid at the scene, transport to the hospital, emergency care, doctor visits, hospital stays, surgery, physical therapy, and prescribed medications. The cost of medical devices, such as prosthetics, and modifications to the worker’s home, like wheelchair ramps, may also be covered.
Temporary Disability Benefits
Temporary total disability (TTD) benefits are provided when a worker is temporarily unable to return to work but expected to be able to return eventually. If a doctor pronounces the worker able to do light-duty work, but the employer cannot accommodate this because no such work is available, TTD benefits are also applicable.
These benefits amount to two-thirds of the worker’s average weekly wage. Temporary partial disability (TPD) benefits are provided when the worker can perform light-duty work but earns less than their pre-injury wages.
Permanent Disability Benefits
If a worker reaches maximum medical improvement (MMI) and has permanent impairments, they are entitled to receive permanent partial disability (PPD) or permanent total disability (PTD) benefits. PPD benefits compensate for partial impairments, while PTD benefits apply to workers who are permanently unable to work.
Vocational Rehabilitation
Workers who cannot return to their pre-injury job may be entitled to vocational rehabilitation, which can include counseling for job searches and retraining programs. Workers can choose their vocational program with employer approval.
Death Benefits
If a worker dies as a result of a work-related injury or illness, their dependents may be entitled to death benefits. These benefits are provided to the worker’s spouse, children under 18, or children under 25 who are enrolled in an accredited educational institution. If there are no surviving dependents, other family members who were financially dependent on the worker may be eligible for a smaller recovery. The maximum compensation is $500,000 or 25 years of weekly benefits, whichever is greater.
Eligibility Coverage
Workers are eligible for compensation in Illinois as soon as they begin their job, and employers cannot ask or require employees to waive their right to workers’ compensation. Employers are required to be insured or self-insured for workers’ compensation and must post a notice informing employees of their rights and the insurance company managing the benefits.
Types of Injuries and Illnesses Covered
The Illinois Workers’ Compensation Act covers nearly all injuries and illnesses that arise out of or are suffered in the course of employment. This includes, of course, traumatic injuries from accidents, but also repetitive motion injuries, occupational diseases caused by exposure to harmful substances, and work-related mental health conditions, such as post-traumatic stress disorder (PTSD).
To qualify for workers’ compensation benefits, the injury or illness must be work-related, however, and the worker must demonstrate that their job contributed to or worsened the condition. Aggravation of pre-existing conditions is also covered if the job exacerbates the condition.
Filing a Claim
To access all these benefits, injured workers must follow specific procedures. The first step is to report the injury to their employer as soon as possible, and this must happen within 45 days. If the employer disputes the claim or does not provide benefits, the worker can file a claim with the Illinois Workers’ Compensation Commission (IWCC). It’s in your best interests to work with a Chicago work injury attorney right from the beginning to ensure all claims are filed properly and your rights are protected.
All settlements must be reviewed and approved by the Illinois Workers’ Compensation Commission. If a claim goes to trial, an arbitrator will facilitate the proceedings, and a court reporter will record the trial. Either the injured worker or the employer may appeal the arbitrator’s decision to a panel of three commissioners, and further appeals can be made to the circuit court, Appellate Court, and, in some cases, all the way up to the Illinois Supreme Court.
Getting the Help You Need
Workers in Chicago have access to some fabulous protections that go far beyond what is offered in many other states. But like all law, workers compensation laws can be extremely complicated, and it can be frustrating and time-consuming to try to understand them and how they apply to your case. In addition, many employers and insurance companies have powerful legal teams on their side with extensive experience in this area of law. To ensure you maximize the benefits you’re entitled to and are treated fairly, work with an experienced work injury attorney.
With the right knowledge and legal assistance, you can be sure of securing all the benefits the law entitles you to. If you’ve been injured on the job in Chicago, contact the Cullotta Bravo Law Group
now, and let’s talk about how to get you all the protections the law provides.