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Common Terms in Chicago Workers' Compensation Cases
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The following terms were probably unknown to you before you had a work injury, but may be more familiar to you now. They are very common for people with Illinois workers compensation cases. For a more detailed analysis on these terms or any others please do not hesitate to contact our office for a confidential, no cost consultation.
Application For Adjustment of Claim
This is the form that is filed with the Illinois Workers Compensation Commission, usually with the help of a lawyer, which officially puts the state and an employer on notice that an injured worker is pursuing their rights under the Illinois Workers Compensation Act. The filing of this form is not a lawsuit, but rather an official claim for benefits. This form must be filed by the later of three years from the accident date or two years from the last payment of compensation related to the work injury or the case may be forever barred. Please note that the time limits to file for occupational disease cases like asbestos are different.
Arbitration
Disputes in workers compensation cases in Illinois are not resolved by jury trials, but rather by Arbitrators who conduct arbitrations. At arbitration the worker and the insurance company for the employer are given the opportunity to enter evidence as to what happened with the injury and can try to prove or disprove whether or not the alleged injury is related to a work accident. We highly recommend that any injured worker obtain a lawyer if they are going to have to take their case to arbitration.
Carpal Tunnel Syndrome (CTS)
Carpal tunnel syndrome is a common injury often caused by repetitive stress to a person's wrists. The tissues that surround the wrist tendons become enlarged and compress the nerve that runs though a passage in the wrist called the carpal tunnel. The compression may cause numbness and pain in wrist and hand, reduced grip strength and muscle control, and impaired or lost nerve function. Workers compensation does cover carpal tunnel syndrome in Illinois as long as at least part of the injury was caused, aggravated or accelerated by the job activities.
Functional Capacity Exam (FCE)
The purpose of the functional capacity exam in Illinois is to determine what type of work an injured employee is able to perform. It is an objective evaluation of the workers ability to perform certain tasks that are work related, such as lifting, bending and even walking. The results are to be reported to the employer to determine what position the injured worker can perform within his/her restrictions, if any. This allows injured workers to return to work by performing different tasks that hopefully will not aggravate their condition.
Illinois Workers Compensation Commission (IWCC)
This is the state run agency where Illinois workers compensation claims are officially filed. Based out of Chicago the WCC has branches throughout the state. When a case is officially filed theI WCC will assign an Arbitrator to the claim in case any disputes between the injured worker and their company need to be resolved. The IWCC does not recommend lawyers or provide legal advice to injured workers. They will let you know if your employer carries workers' compensation insurance and if so who it is.
Independent Medical Exams (IME)
The employer's insurance company can hire a doctor to conduct medical exams on workers that have been injured. These exams are called "independent medical exams." The purpose of the exam is for the doctor to report the results back to the insurance carrier. The insurance carrier chooses the doctor for this exam, however, you are allowed to choose your physician for the remainder of the medical treatment. If you are sent to an IME the insurance company is responsible for all of the costs associated with the exam including your travel expenses.
Maximum Medical Improvement (MMI)
This is a statement by a physician that an injured worker has healed as much as they can for a particular injury and requires no additional treatment. At this time a worker will be discharged from his/her doctor's care.
19(b) Petition
This is the form that is filed when benefits are terminated and the employee wants to get a hearing before an Arbitrator immediately. On this form you must list basic information about your injury including the accident date as well as who has been providing medical care.
Occupational Diseases Act
When a worker in injured has an occupational disease such as asbestos exposure they are covered under this Act. Those cases are also handled at the Illinois Workers Compensation Commission, but have slightly different rules. A worker can not choose to be covered under one Act or the other, but rather the type of injury will determine which laws apply.
Permanent Partial Disability (PPD)
When an injured worker is done with their medical care and is at maximum medical improvement they can pursue a settlement for the permanent nature of their injury. The state of Illinois uses a complex formula that assigns a value to different body parts. The amount a worker will receive is obtained from an additional formula that factors in the wage of an injured worker and the subjective belief as to the percentage loss of use of the injured body part. Calculating value for PPD is a skill of an experienced Illinois workers compensation lawyer and obtaining the right attorney for this calculation could mean a difference of thousands of dollars. All money received for PPD is tax free.
Temporary Total Disability Benefits (TTD)
TTD benefits are payments that a worker covered under Illinois workers compensation benefits can receive for the time that they are temporarily disabled from working. The payment that you receive for TTD benefits in Illinois is 2/3 of your average weekly wage for the 52 weeks prior to the injury. This money is tax free.
Venue
Venue is the location where an arbitration will take place. Venue in Illinois workers compensation cases is determined based on the location of the accident. In other words, you can work in Chicago, but if you are injured in Peoria the venue would be Peoria. If an accident takes place in another state, but Illinois has jurisdiction over the case then the venue will be either the closest arbitration hearing center to the injured workers home address or the closest location to the employer.
Vocational Rehabilitation in Illinois
Sometimes a worker who is covered under Illinois workers compensation laws will be unable to return to their previous employment. If that is the case they may be entitled to retraining in order to have the ability to secure a job within their restrictions. Entitlement to vocational rehabilitation depends on many factors including age, motivation to pursue a new job, education level and the nature of the restrictions. To determine if you are eligible for vocational rehabilitation you should speak with an experienced Illinois workers compensation lawyer. Please call our office for a free consultation and referral.
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