Under the law, your employer is responsible for providing workers’ compensation benefits. Often, your employer will have workers’ compensation insurance to handle work-related injuries. An employer may also pay the benefits directly or through a third-party administrator.
If an employer is uninsured and fails to pay workers’ compensation benefits, an injured worker may be entitled to recover from the Injured Workers’ Benefit Fund. This fund consists of money obtained through penalties and fines collected by the state of Illinois from employers who fail to comply with the IWCA.
If you are injured in a workplace accident or suffer an occupational illness, you should notify your employer right away. In Illinois, you have just 45 days to report your work-related injury or illness to your employer. However, the sooner you notify your employer, the better. When you report your injury, make sure to do it in writing and provide details of how, when and where you were injured.
You should also see a doctor as soon as possible after the incident. In most cases, you are allowed to choose your own doctor. However, there are some exceptions under the IWCA. Additionally, your employer can request an Independent Medical Evaluation (IME). Employers typically request IMEs to confirm employees’ injuries and/or illnesses.
Amato Law will be able to provide detailed information about your rights and options, including your right to file a claim for benefits.
Assuming your injury is compensable and your claim is approved, the various benefits you are entitled to will be paid at different times. The most immediate benefit will be coverage of your medical care. In most cases, you shouldn’t see a bill for treatment or your work injury. If you incur out-of-pocket expenses, you can submit them for reimbursement.
Your treating physician will determine whether you need to take time off of work or if you require reduced hours or modified duties. If your physician has taken you off work, you become eligible for wage-replacement benefits after three working days. These benefits will total approximately two-thirds of your average weekly wage. Those initial three days won’t be compensated unless your disability keeps you out of work for at least 14 days.
Unfortunately, employers often contest workers’ compensation claims, which can greatly delay or jeopardize your benefits. That’s one of many reasons why it is a good idea to consult an experienced workers’ lawyer like those at Amato Law.
According to the Illinois Workers’ Compensation Commission, approximately 91 percent of workers statewide are covered under the IWCA. Small-business owners and corporate officers can exempt themselves from coverage, but nearly anyone who is an employee of someone else is covered.
Thankfully, there is no question about coverage for workers in some of the most dangerous jobs and industries. Workers in the building trades, including construction workers are almost always covered under the Illinois Workers Compensation Act.
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