How does Workers Compensation Work in Illinois? – FAQ
FAQ,Work Injury,Workers' Compensation - September 21, 2015
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:
Receive compensation for the time off work
- Have medical bills paid
- Compensation for the injury itself
How do I receive workers’ compensation?
Though the state cannot guarantee that you will receive workers’ compensation, there are certain steps you can take to improve your chances of a successful claim. Reporting your accident as soon as possible is an important step.
Can my boss fire me for my work injury?
All states protect employees who are currently receiving workers’ compensation benefits. Generally, an employer is prohibited from firing, demoting, harassing, or harming an employee who is exercising their legal right to the workers compensation system. That being said, there is nothing that requires an employer to give special treatment to employees’ because they are utilizing their right to the workers compensation system.
It is illegal for an employer to terminate an employee for reporting an injury while at work or for filling a workers’ compensation claim. Provided that you have filed everything correctly and are receiving workers’ aid, you should be able to return to work without any complications. If your employer attempts to fire you illegally, you may be able to take legal action in order to keep your job.
However, an employer can fire an employee for unrelated reasons to their work injury. If they believe the employee was performing poorly, or had a reason for firing unrelated to the employee’s workers’ compensation claim, they may be in grounds for legal termination.
Can I work with my own doctor?
You have the right to seek help from your own health-care provider; however, you should keep in mind that your employer has the right to choose a doctor to examine your injuries if he or she wishes to do so. In Illinois, there is a rule known as the two doctor rule: this rule sets the standard for seeing doctor’s under the Illinois Workers’ Compensation Act.
Each workers’ compensation claim is unique. There may be certain factors that hurt a person’s eligibility to recover benefits. For example, if the worker was under the influence of drugs or alcohol at the time of the accident, then the employee may not be eligible for benefits.
If you would like to speak with a Chicago work injury lawyer about an injury you sustained at work, do not hesitate to contact Horwitz, Horwitz & Associates. We have been defending the rights of Illinois’ injured since 1924. Call us today at (800)-985-1819. Your first consultation is free.
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