For what injuries and diseases are workers' compensation benefits paid?

In most instances, workers' compensation benefits are paid for accidental injuries that are caused, in whole or in part, by the employee's work. Workers may also be compensated for aggravation of a pre-existing condition.

Injuries are accidental if they happen unexpectedly, without plan or design. This includes injuries brought on by the repetitive use of a part of the body, as well as strokes, heart attacks or any other physical problem caused by work.

Injuries suffered in employer-sponsored recreational programs (e.g., athletic events, parties, picnics) are not covered unless the employee is ordered by the employer to participate. Accidental injuries incurred while participating as a patient in a drug or alcohol rehabilitation program are not covered.

What workers' compensation benefits are provided?

Medical care benefits

The injured employee is entitled to receive all necessary first aid, medical, surgical and hospital services reasonably required to cure or relieve the effects of the injury or disease.

Where necessary, the employee is also entitled to receive appropriate physical, mental or vocational rehabilitation.

Temporary total disability benefits

Employees who must lose time from work in order to recover from the injury or disease are entitled to receive weekly payments until they are able to return to work that is reasonably available to them.

The payments represent two-thirds (66 2/3%) of the employee's average weekly earnings during the year before the accident or last exposure, subject to certain limits.

No compensation is payable for the first three working days, unless the lost time continues for 14 or more calendar days from the date of injury.

If temporary total disability benefits are not paid within 14 days, and the employer cannot justify the delay in payment, the employer may be required to pay a penalty to the employee.

Permanent disability, disfigurement and death benefits

When the employee has sustained an injury or disease which results in permanent disability, scarring or other disfigurement, additional benefits are provided to the employee.

If the injury or disease results in the employee's death, certain members of the employee's family are entitled to benefits.

Who administers the law?

The Industrial Commission is responsible for administering the law, providing information and assistance to employees and employers, and resolving any disputes regarding employees' entitlement to benefits and the amount of benefits. The Industrial Commission does not pay benefits--this is the responsibility of the employer.

Can an employee be fired because he or she reported an accident?

It is against the law for the employer to harass, discharge, refuse to rehire or in any way discriminate against an employee for exercising his or her rights under the Workers' Compensation or Occupational Diseases Acts. Such conduct by the employer may give rise to a right to file a separate suit for damages in the Circuit Court.

Are workers' compensation benefits subject to income tax?

No. Workers' compensation payments are not subject to state or federal income tax and need not be reported on returns as income.

If you have been injured at work, experienced in workers compensation attorneys law can explain the complexities and help you secure the maximum benefits to which you are entitled.

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