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We try to provide accurate, useful and accessible information about Illinois law. The quickest way to get your questions answered is probably to call us. You can talk to an Illinois attorney for free and usually right away.

If you want to research an issue, we have articles on almost every major area of law, and we’re adding new ones all the time. We realize the information can still be overwhelming. That said, there are some basics that everyone should know.

Here is a condensed version of Illinois workers’ compensation law to get you started:

• Workers’ compensation is for people who are injured at work or while doing something work related. It doesn’t matter who was at fault.
• You cannot sue your employer for a work injury, even if they were negligent. The workers’ compensation system is a compromise. Workers get compensation fairly quickly through a streamlined process and employers get protection from lawsuits.
• Even if you have a pre-existing injury, if your job aggravates or accelerates your injury, it can still be considered work related.
• Benefits that may be available to you in Illinois include: payment of lost wages, 100% coverage of medical bills, rehabilitation, and payment for loss of earning capacity or permanent injury.
• You are required to report a work injury to your employer within 45 days. Document this in writing. The insurance company can try to deny your claim if you wait too long.
• Don’t rely on advice from your employer – they may try to tell you that your injury is not work related. It is illegal for them to fire you in retaliation for filing a workers’ compensation claim.
• Tell the truth and follow your doctor’s restrictions. Insurance companies are known to hire investigators to figure out if someone is lying, or to catch them doing something they shouldn’t (lifting heavy loads) as a way to deny further benefits.
• Claims are filed with the Illinois Workers’ Compensation Commission. The deadline is three years from the date of injury, or two years from the date of last payment (if you have already received some benefits).
• Claims are handled by the employer’s insurance company. Do not speak with the insurance adjuster on your own. Their goal is to pay you as little as possible. They have no incentive to make sure you’re getting fully compensated. If they assign a nurse to attend a medical appointment, say no.
• Hiring an experienced work injury attorney is, in our opinion, the best way to make sure you’re getting everything you’re entitled to. Find someone who focuses their practice on helping injured workers and ask for an initial consultation, which is usually free.
• In Illinois, attorney fees for workers’ compensation are set by law at 20% of what you recover, but only for disputed amounts or settlements. You should not be charged anything for routine, undisputed benefits, such as payments of medical bills or lost wages, even if an attorney helped you apply for them.
• Most workers’ compensation claims end in settlement. In our experience, workers who hire attorneys to negotiate on their behalf end up with significantly higher settlements.

If you want to talk to an attorney about your case, feel free to contact us. We will answer your questions and help you figure out what your next step should be. If you need a workers’ compensation attorney (and we’ll tell you if you don’t), we can refer you to someone with significant experience and a track record of success in helping injured workers get benefits.