Illinois Checklists - Worker's Compensation Claims
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FAQ
What Is a Workers' Comp Settlement in Illinois? A settlement is an agreement between the injured worker and the insurance company to release some or all of the insurance company's responsibilities in exchange for a sum of money. In most cases, your settlement will be paid in a lump sum.
Illinois law requires employers to provide workers' compensation insurance for almost everyone who is hired, injured, or whose employment is localized in Illinois. Sole proprietors, business partners, corporate officers, and members of limited liability companies may exempt themselves.
The Illinois Workers' Compensation Act (820 ILCS 305, et al.) provides relief to employees who are injured in the course of their work. Injured employees can file a claim with the Illinois Workers' Compensation Commission (?IWCC?), which is the organization in charge of overseeing all workers' compensation claims.
Regular Wages and Salaries: this includes any retroactive pay. Paid Time Off: including holidays, vacation, and sick time. Bonuses: this includes stock bonus programs and end-of-the-year bonuses. Lodging or Apartment Housing Accommodations: anything your employees are provided as part of their compensation.
You must report your work injury to your boss within 45 days in Illinois. Generally, if you're injured on the job, you must file a claim for benefits under the Illinois Workers' Compensation Act within three years of the date of the injury (or within two years of the last payment of benefits, whichever is later).
The Worker's Compensation program benefits are based on an Average Weekly Wage (AWW), calculated on the employee's wages earned before the injury occurred. The Illinois Workers Compensation Act (Section 10) determines that the average is based on the previous fifty-two weeks before the injury date.
An employee entitled to receive disability payments shall be required, if requested by the employer, to submit himself, at the expense of the employer, for examination to a duly qualified medical practitioner or surgeon selected by the employer, at any time and place reasonably convenient for the employee, either ...
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.
