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Common Questions About Illinois Workers' Compensation Laws
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What is the Illinois law on the statute of limitations for an employee filing an Illinois workers' compensation claim?
Under Illinois law, an employee generally has the later of three years from the date of his accident or knowledge of the injury or two years from the last payment of compensation to file a claim with the Illinois Workers' Compensation Commission. Note, there are some exceptions to this rule.
When does an employee, under Illinois law, become covered by Illinois workers' compensation?
Under Illinois law, an employee is covered by workers' compensation as soon as he begins his employment.
Can an employee lose his job for filing an Illinois workers' compensation claim?
No, under Illinois law, an employer cannot fire or discriminate against an employee for filing such a claim.
What injuries are covered by Illinois workers' compensation laws?
Under Illinois law, any injury which occurs out of and in the course of employment is covered by Illinois Workers' Compensation laws. This includes injuries that are caused, aggravated or accelerated by the employment, even if there is a pre-existing condition.
Can a worker file for Illinois workers' compensation benefits if they do not live in Illinois?
Yes as long as they can show that Illinois has jurisdiction over their case. They can show this by proving that the accident happened in Illinois, the principal place of employment is in Illinois or the contract for hire was in Illinois. If the accident was in Illinois then the Illinois Workers' Compensation Commission will have jurisdiction. For the other factors an analysis by an Illinois workers compensation lawyer is required.
Why can't I sue my employer in Illinois courts for my injury?
Employers provide workers compensation to their employees as an exchange for the employees giving up their rights to sue the employer. Employees receive the benefits of the workers compensation plans instead of being able to sue. Please note that in rare exceptions you can sue employer so it is always best to check with an Illinois attorney before determining that you can't sue your employer. You also may be able to bring an Illinois civil suit against a third party as the result of your work injury.
Who will cover for my injuries if my employer does not have insurance?
You need to file a claim against your employer, naming the owner, and your injuries will be covered. In addition, your employer could be penalized because most states have laws to penalize employers who are not insured.
What is the difference between Illinois workers compensation and long-term disability insurance?
Illinois workers compensation is for occupational benefits while long-term disability insurance will pay for non-occupational conditions.
Am I covered going to and from my place of employment?
If the travel is in the course of your employment and it arises out of your employment then you will be covered. Usually in Illinois if you are just driving to or from work and have an accident it will not be considered a workers comp case. However, there are many exceptions to this rule so always consult with an Illinois lawyer if you are hurt going to or from a job.
Does my employer have to keep my position open for me?
No. Illinois law does not require your employer to keep your position open.
What is "permanent total disability" (PTD)?
Permanent total disability is a lasting, permanent disability that is the result of the work injury sustained by the worker and prevents the injured Illinois worker from returning to any gainful employment.
What injuries are covered by Illinois workers compensation benefits?
The following is a list of injuries that are commonly covered by workers compensation:
- Injuries caused by falling objects
- Injuries caused by mechanical equipment failure
- Injuries caused by improper placement or use of equipment
- Burns
- Closed-head injuries
- Strains and sprains
- Tendon injuries
- Bone fractures
- Loss of vision
- Loss of hearing
- Chemical inhalation or exposure
- Repetitive trauma injuries (carpal tunnel syndrome)
- Slip and fall injuries
- Nerve damage
- Back injuries
- Rotator cuff tears and shoulder injuries
These are just a few of the many injuries that can occur under an Illinois workman's compensation claim. You should always speak with an attorney to determine if your injury could be covered by Illinois workers compensation laws.
What is the Illinois Workers' Compensation Commission?
The Workers' Compensation Commission is a state run agency that assigns an Arbitrator to a case when a claim is officially filed and helps resolve any disputes between an injured worker and their employer. The Illinois Workers' Compensation Commission has multiple locations throughout the state. A case is not officially filed until an application for adjustment of claim has been filed with the Illinois Workers' Compensation Commission.
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