Worker’s Compensation Benefits FAQ’sDoes worker’s compensation cover my injury?
Yes, if your injury or illness arose out of and in the course of your employment. Exceptions: Most states have developed exceptions to the exclusiveness of the workers' compensation remedy in extreme situations. When employers act in bad faith or intentionally or criminally harm employees, many states allow workers to bring lawsuits against their employers outside the workers' compensation system. A lawsuit against a third party may also be possible, such as against a manufacturer of faulty equipment that causes an injury. In such circumstances, the employer may be able to get reimbursement for workers' compensation benefits already paid. Is any injury caused by my employment covered by Worker’s Compensation?
If the injured person is guilty of serious and willful misconduct, the injury may not be covered. However, most injuries that occur due to employment, including those accidentally caused by the injured employee and disabilities such as carpal tunnel syndrome and tendonitis that are caused by repetitive actions are covered. Does my injury have to occur at work to be covered by Worker’s Compensation?
No, but it has to be caused by your employment. Usually injuries while traveling to and from work are not covered, but those that occur while attending work-related functions and business trips are covered. When should I notify my employer of the injury?
As soon as possible but no later than 45 days after the accident to be compensible. When should I seek medical treatment?
As close to the accident as possible, but no later than 90 days after the accident. When do I have to file a claim?
The deadline to file a Worker’s Compensation claim is called the Statute of Limitations. In Illinois, the claim must be filed within three years from the day the injury occurred, or within two years of the date the employee received their last Worker’s Compensation Benefits, whichever is later. For a repetitive trauma, dates will vary. Contact Steven H. Mevorah and Associates for assistance. If I re-injure or irritate a previous injury or condition, am I still eligible to receive benefits?
Yes. As long as you were injured because of your employment, whether or not there was a previous injury for any reason, you are still eligible to receive compensation What benefits am I eligible for under the worker’s compensation law? - Wage compensation, two-thirds of your wages if you doctor determines you cannot work or gives you light duty work that your employer cannot accommodate
- Medical expenses for necessary treatment related to your injury
- Vocational rehabilitation, job training or schooling
- A lump sum for a specific injury or long term weekly benefits if you cannot return to your former job
- Benefits will vary based on the type and severity of injury or disability
Will my benefits be taxed?
Illinois, like most states, does not tax worker’s compensation benefits, nor does the federal government. Who pays for my benefits?
Illinois state law requires your employer to either be self insured or to have worker’s compensation insurance. Your employer’s insurer will pay your benefits Can I receive benefits if my injury was caused by someone other than my employer or my co-worker?
This does not affect your right to workers compensation benefits if your injury was caused because of your job. You may be able to file a civil lawsuit against the third party. Benefits of a civil lawsuit can include the right to collect for lost wages, pain, suffering, medical costs and spousal rights Can I settle my case?
Yes, a worker’s compensation case can be settled. Negotiation between the injured employee or his/her attorney and the insurance company determines the parameters of the settlement. What happens if I settle?
Generally, all rights to any further compensation for this specific injury are waived. What happens if my employer offers a settlement and I choose not to accept it?
You can take your case to an arbitration hearing, where all evidence will be heard by an arbitrator. Either party can choose to appeal the decision made. Should I be seen by my employer’s doctor?
It is most likely in your best interest to choose your own doctor, rather than leaving medical control to your employer and their insurance company. How much does a good worker’s compensation attorney cost?
The attorney’s fee is based on a contingent fee. This means that instead of an hourly charge, the attorney will be paid a percentage of the client’s compensation, and will only be paid if the client receives benefits. In Illinois, the attorney can charge up to 20%. Consult the offices of Steven H. Mevorah and Associates for details. If I’m permanently disabled, can I receive benefits in a lump sum?
Instead of scheduled payments, you may receive benefits as a lump-sum, as long as both parties agree and it is approved by the Illinois Worker’s Compensation Commission. How can I ensure that I will receive future medical treatment for my work related injury?
The only way to guarantee that you will receive future medical treatment is to have a hearing before an arbitrator at the Illinois Workers Compensation Commission. If you settle with your employer or ask for a lump sum, you close out your right for further paid medical treatment unless it states otherwise in the settlement contract. If my employer or their workers' compensation insurance company asks me for a recorded statement, should I provide one?
No. You may unintentionally say something that could jeopardize your right to recover benefits or drastically limit the benefits you are entitled to. Call and make an appointment with Steven H. Mevorah & Associates as soon as possible after your injury so we may assist you in obtaining the maximum benefits you are entitled to under law. Should an accident report be filled out with your employer?
Yes. Make sure that all information is accurate before you sign it and request a copy of it from your employer right after it is made. Additional Articles & Resources
Contact Steven H. Mevorah and Associates for further information about your Worker’s Compensation case! This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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