What is workers' compensation?
Workers' compensation is a system of benefits provided by law to most workers who have job-related injuries or diseases. These benefits are paid regardless of fault. The amount of the benefits is limited by law.
Who is covered?
Almost every employee who is hired, injured or whose employment is localized in the state of Illinois is covered by workers' compensation. These employees are covered from the moment they begin their jobs.
Who provides workers' compensation benefits?
The employer is responsible for providing benefits. The employer pays the benefits either directly or through a service or insurance company that administers the program for the employer. No part of the workers' compensation insurance premium or benefits can be charged to the employee.
The employer must post a notice in the work place indicating the name, business address and business telephone number of the person, service company or insurance company (including the insurance policy number) to contact for questions relating to workers' compensation.
Who should the injured worker notify?
The employee must inform the employer promptly. Any delay in the notice to the employer can delay the payment of benefits; a delay of more than 45 days may result in the loss of all benefits. Notice to a fellow worker who is not a part of management is not considered notice to the employer.
Because prompt medical care may be essential to the employee's maximum recovery, the employee should seek medical attention immediately after the injury. The employee must cooperate in reasonable programs to assist his or her recovery and return to work.
Temporary Total Disability (TTD) Benefits
Temporary total disability (TTD) benefits are paid to the injured employee who must lose time from work to recover from a work-related injury or disease. The employee is entitled to collect TTD benefits until able to return to work that is reasonably available to him or her.
When are TTD benefits paid?
TTD benefits are generally paid at the same interval the employee was paid before the injury or exposure. It may take up to 14 days from the time the employer receives notice of the injury or disease before payments begin.
TTD benefits are not paid for the first three work days lost after an injury or exposure, unless the disability continues for 14 or more calendar days.
If an employer stops or withholds payment of TTD benefits before the employee has returned to work, the employer must give the employee a written explanation for this action no later than the date of the last TTD payment.
Failure to provide this notice may result in assessment of penalties against the employer, as well as an order to pay the employee's attorney fees. If an employer unreasonably delays payment or fails to pay TTD, the employer may be required to pay a penalty to the employee.
What are the time limits within which an employee must file a claim at the Industrial Commission?
Unless otherwise noted below, a claim must be filed within three years after an injury or disablement from an occupational disease, or within two years following the last compensation payment, whichever is later.
For pneumoconiosis, the employee has five years from the date of last exposure or the last payment to file a claim. For radiation or asbestos exposure, the employee has 25 years after the date of last exposure to file a claim.
If death is caused by the injury or occupational disease, the claim must be filed with the Industrial Commission within three years of the death, within two years of the date of last compensation payment under the Workers' Compensation Act, or within three years of the date of last compensation payment under the Occupational Diseases Act, whichever is later.
Payment of medical bills is not considered payment of compensation for purposes of increasing the time within which an employee may file a claim.
Unless an occupational disease causes a disablement within two years of the date of last exposure to the hazards of the disease, in most cases, no compensation is payable. For berylliosis or diseases caused by the inhalation of silica or asbestos dust, disablement must occur within three years from the date of last exposure to be compensable.
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