Workers' Comp FAQ's | Springfield Attorney

The Illinois Workers' Compensation Act provides that injuries a worker sustains because of an accident or activities at work are covered under workers' compensation insurance. Employers are required to provide this insurance for employees, and workers' comp insurance premiums or benefits cannot be charged to employees.

Recovering benefits as an injured worker should be simple. There are many complex issues that can arise, however, when employers encourage workers to avoid filing claims, or workers' have claims denied altogether.

It is our goal at Kanoski Bresney to educate our clients of their rights and help them take strategic action so they recover the maximum compensation possible for their injuries.

Helping Injured Workers Protect Their Rights And Take Action

To learn more about your rights under Illinois workers' comp, the workers' compensation claim process and how we can help, contact our office, or read through the workers' comp FAQs (frequently asked questions) below.

What is the Illinois Workers' Compensation Commission? When a workers' compensation claim or claim denial is disputed, it is handled by the Illinois Workers' Compensation Commission. This state agency acts as an administrative court that handles disputes through an impartial judicial process. The agency does not advocate either party in a workers' comp dispute. It simply serves to facilitate dispute resolution.

What kinds of benefits could I recover under workers' comp? The type of benefits you recover will depend on the type of injury you have sustained, how long you are unable to work (if you can return to work after recovery) and what financial consequences you have faced as a result of your injury.

Benefits may include:

  • Medical care for your recovery
  • Temporary total disability (TTD) for when you are unable to work as you recover
  • Temporary partial disability (TPD) for when you are receiving less pay and doing light duty at work while you recover
  • Permanent partial disability (PPD) for when you can return to work but not in the same capacity you once did
  • Permanent total disability (PTD) for when you cannot return to work because of your injury
  • Vocational rehabilitation to train you to return to work in different position
  • Death benefits for family members who lost a loved one due to a workplace accident or injury

What if my employer does not have workers' compensation insurance? In every workers' comp case, especially ones involving an employer without insurance, make sure you keep a thorough record of your injury, your work activities (both before and after your accident) and any correspondence you have had with your employer regarding your injury.

These cases will need to be reported to the Illinois Workers' Compensation Commission's Insurance Compliance Division. It is best to work with an attorney to ensure a thorough case has been made for insurance benefits.

Is there a statute of limitations on my injury? You should always report your accident or on-the-job injury as soon as possible to your employer, and retain experienced representation soon after. If your injury is the result of an accident, it must be reported no later than 45 days after the accident. If it is the result of an occupational disease or repetitive motion, it must be reported as soon as you recognize a problem or impairment. Any delay in reporting can delay the payment of benefits or jeopardize your potential for compensation entirely.

For More Information

Contact our Springfield lawyers at Kanoski Bresney online by email or call us at 866-438-2419 to schedule a free initial consultation. We are here to help.