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Illinois Summons To Industrial Commission Workers Compensation Review

State:
Illinois
Control #:
IL-SKU-1100
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PDF
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Description

Summons To Industrial Commission Workers Compensation Review

Illinois Summons To Industrial Commission Workers Compensation Review is a legal document issued by the Illinois Industrial Commission to those who have filed a claim for workers’ compensation benefits. This summons is usually sent to the employer or their insurance company, and it requires them to appear before the Industrial Commission and provide evidence and testimony. This review is conducted by a panel of three commissioners who will review the evidence and decide whether the claimant is entitled to the benefits they have requested. There are two types of Illinois Summons To Industrial Commission Workers Compensation Reviews: administrative reviews and hearings before the full commission. In administrative reviews, the claimant and the employer will present their case before one of the commissioners, who will make a decision. In hearings before the full commission, the claimant and the employer will present their case before the three commissioners, who will then make a final decision.

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FAQ

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.

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.

Ing to the Illinois Workers' Compensation Act, employers have a right to use a ?Utilization Review? of an employee's medical care to evaluate whether the level of care and the quality of their health care services is appropriate.

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.

Per the Illinois Workers' Compensation Act, you have the right to two medical opinions when it comes to your care. As long as the medical care is ?reasonable? the insurance company has to pay for it.

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.?

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.

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Illinois Summons To Industrial Commission Workers Compensation Review