Persons often are injured in the workplace. The Illinois Workers Compensation Act provides a remedy for employees injured at work. For an injury to be covered by the Workers Compensation Act, the injury must have arisen out of and occurred in the course of one’s employment. The Workers Occupational Disease Act is a related statute that addresses health issues from work related exposures. Claims under both of these acts are pursued through the Workers Compensation Commission.
Before the State of Illinois had a worker’s compensation statute in order to recover from your employer for an injury at work, you needed to prove your employer was negligent and their negligence caused your injury. With the worker’s compensation statute in place, you do not need to prove that your employer was negligent and/or their negligence caused your injury.
A worker’s compensation claim is not filed at the circuit court at your local courthouse. A worker’s compensation claim is filed with the worker’s compensation commission. The claim is filed via a document called an Application for Adjustment of Claim. The primary types of benefits recoverable through worker’s compensation include the payment of reasonable medical expenses related to your work injury, the payment of a portion of your wages during the time that you are totally unable to work and a lump sum settlement or stream of income award based on a permanent injury.
If you have been injured at work and are unable to work as a result of your injuries, you may be entitled to temporary total disability benefits. The temporary total disability benefits provide you with a portion of your wages during the time you were unable to work. If you are unable to work and your employer is not paying you temporary total disability benefits, you can pursue a hearing to receive temporary benefits. Additionally under certain circumstances, you can pursue a hearing asking the arbitrator to approve medical treatment.
We have experience representing injured workers and can help you make sure you are receiving the correct amount of benefits and help you ensure you get the medical treatment you are entitled to under the act.
If you have questions concerning a worker’s compensation claim, Rehn & Skinner would be pleased to discuss the same with you.