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        Clifford Horwitz

        Common Questions About Workers’ Compensation in Illinois

        150 150 Clifford Horwitz

        What are the main benefits of workers’ compensation?

        As outlined in the Workers’ Compensation Handbook, if you qualify for benefits, monetary rewards will become available to you in order to meet the demands of medical costs associated with your injury. You will also receive compensation for lost income.

        Workers’ compensation may also provide the funds necessary to find a new career should your injury permanently prevent you from returning to work. These benefits are available to all employees in the state of Illinois, according to the Workers’ Compensation Commission, regardless of how many hours they work.

        Under the Illinois Workers’ Compensation Act, injured employees are entitled to three basic rights:

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        What are the Rules on Giving Notice of an Accident and the Statute of Limitations for Workers Compensation in Illinois?

        150 150 Clifford Horwitz

        When do I need to give notice and file a claim under Workers’ Compensation in Illinois?

        According to the Illinois Workers Compensation Act Section 6(c), “Notice of the accident shall be given to the employer as soon as practicable, but not later than 45 days after accident.” In order to win a Workers Compensation claim in Illinois, it is common practice to give your employer notice within 45 days of the accident. The notice can be given orally or through writing. In addition, it is generally necessary to file a claim within 3 years of the accident.

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        What Injuries are Covered Under Workers’ Compensation in Illinois?

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        What injuries are covered under workers compensation in Illinois?

        The Illinois Workers Compensation Act is pretty open-mined when it comes to work injuries that are covered under workers’ compensation. If you suffered an injury as the direct result of a work-related accident this is known as a specific incident, it is the most common type of work injury. However, this is not the only type of injury that is covered. If a work accident was a contributing factor (not the only cause) to an injury, then it still should be good enough to be covered in workers’ compensation. For simplicity, let’s cover specific incidents, aggravated pre-existing conditions, repetitive stress injuries, carpal tunnel syndrome, and weakened condition and subsequent conditions.

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        What is a Work Injury in Illinois?

        150 150 Clifford Horwitz

        What is an accident?

        At a fundamental level, an accident is anything that happens without intention or design. This is to say it could be any event that is unanticipated by the person the “accident” happens to.

        According to Chicago Work Injury attorney, Mark Weissburg, “… in order for an accident to fall under the protections of the Workers’ Compensation Act it has to arise out of and in the course of the employment.” He went on to say, “Before we get into the nitty gritty, I want to emphasize one thing. If your employer refuses to pay you benefits because they don’t think your accident qualifies under the Workers’ Compensation Act, find yourself a good Workers’ Compensation attorney and get their opinion.”

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        How Much is My Illinois Workers’ Compensation Case Worth?

        150 150 Clifford Horwitz

        There are multiple variables that go into the equation in determining how much your workers’ compensation case is worth under the Illinois Workers Compensation Act. These questions should help you get in the right mindset when evaluating your case:

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        When Should I Settle My Workers’ Compensation Case in Illinois?

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        When Should I Settle My Workers’ Comp Case in Illinois?

        When your medical condition resulting from a work injury has reached a state of permanency, it is time to begin thinking about settling your claim. Permanency means that your doctor has concluded that you have reached what is called, Maximum Medical Improvement (MMI). When we say begin to start thinking about settlement, we literally mean thinking. Even though insurance companies want to settle immediately after the doctor indicates MMI, do not rush into it.

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        What is Temporary Total Disability Under the Workers Compensation Act in Illinois?

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        What is Temporary Total Disability?

        Temporary Total Disability (TTD) is a weekly benefit that is two-thirds of your average weekly wage (AWW), granted it is within the minimums and maximums that are stated by the Illinois Workers Compensation Commission. These minimums and maximums can be found at:http://www.iwcc.il.gov/benefits.htm. Like all benefits under the Workers’ Compensation Act, temporary total disability is tax-free. Insurance adjusters routinely underestimate injured workers’ total temporary disability rates, so it is important that you make sure you are not being underpaid.

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        What Treatment is Covered Under Workers Compensation in Illinois?

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        What Treatment is Covered in Illinois Under the Workers’ Compensation Act?

        Under Illinois law, employers are required to provide workers’ compensation insurance for almost all employees – exceptions being sole proprietors, business partners, corporate officers and some members of limited liability companies have the option of exempting themselves.

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        What are the Changes to the “Two Doctor Rule” Under the Workers’ Compensation Act in Illinois?

        150 150 Clifford Horwitz

        Changes to the “Two Doctor Rule” under the Illinois Workers Compensation Act

        Under the “Two Doctor Rule,” if an employer sets up a “Preferred Provider Program,” then the injured worker only has one choice of doctor and the chain of referrals that we spoke about yesterday will stem from this initial doctor. A “Preferred Provider Program” is an organization of health care providers such as hospitals, clinics, medical doctors, etc. who are contracted with the insurer or company to provide health care to the insurer’s or employer’s employees. So, now the second choice for the injured worker is the employer’s network of doctors.

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        What Doctors Can I Go To Under the Workers’ Compensation Act in Illinois?

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        The Workers’ Compensation Act

        The Workers’ Compensation Act is a very complex statute that is difficult to understand, and you can be sure that an insurance adjuster will do little or nothing to help you understand it. Under Illinois law, there are some basic rights that you should understand in order to help you better navigate through the system.

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