Illinois Summons-Industrial Commission

State:
Illinois
Control #:
IL-CV-SUM7
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Description

Summons-Industrial Commission

The Illinois Summons-Industrial Commission (IC) is a state agency that administers the Illinois Workers' Compensation Act, the Illinois Human Rights Act, and the Illinois Prevailing Wage Act. The IC is responsible for resolving disputes between employers and employees, investigating complaints of discrimination, and ensuring that workers are paid the prevailing wage in construction projects. The IC is composed of three commissioners appointed by the Governor. The IC's main responsibilities include conducting hearings and mediating disputes between employers and employees, adopting rules and regulations to enforce state labor laws, reviewing and issuing licenses and permits, and investigating and ruling on complaints of discrimination. Depending on the type of dispute, the IC may either issue a decision, order relief, or refer the matter to the court. There are two types of Illinois Summons-Industrial Commission: the Illinois Workers' Compensation Commission and the Illinois Human Rights Commission. The Workers' Compensation Commission is responsible for hearing and resolving disputes between employers and employees relating to workplace injuries. The Human Rights Commission is responsible for investigating and ruling on complaints of discrimination in the workplace.

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FAQ

Typically, the employer and employee work together to determine the total weekly compensation to be paid (not to exceed 162 weeks). This number is then multiplied by 60% of the employee's AWW to determine total compensation.

Typically, the employer and employee work together to determine the total weekly compensation to be paid (not to exceed 162 weeks). This number is then multiplied by 60% of the employee's AWW to determine total compensation.

If the employee refuses to submit himself to examination or unnecessarily obstructs the same, his right to compensation payment shall be temporarily suspended until such examinations shall have taken place, and no compensation shall be payable under this act for such period.

Sec. 16. The Commission shall make and publish procedural rules and orders for carrying out the duties imposed upon it by law and for determining the extent of disability sustained, which rules and orders shall be deemed prima facie reasonable and valid.

As a general rule, an Illinois employee who is injured during a regular commute to or from work is not covered by workers' compensation for that injury. This is called the going-and-coming rule. The idea is that the employer has no control over what happens during that trip.

Regardless of when, how, or why your employer stops payments, workers comp cannot stop paying without notice. Your employer or their insurer cannot stop paying you workers' compensation benefits without telling you.

The compensation allowed by any award or decision of the Commission shall be entitled to a preference over the unsecured debts of the employer, wages excepted, contracted after the date of the injury to an employee.

What can you do to protect your subrogation rights? Section 5(b) of the Illinois Workers' Compensation Act (820 ILCS 305/5(b)) allows an Employer, or its Representative, to recover 75% of the compensation paid to an injured worker, less its pro rata share of costs. These are routinely referred to as ?5(b) rights.?

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Illinois Summons-Industrial Commission