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How workers’ comp works in Illinois

On Behalf of | Aug 3, 2020 | Workers' Compensation |

If you suffer an injury on the job, you may be eligible for workers’ compensation benefits. The Illinois Workers’ Compensation Commission estimates that 91% of employees who live and work in the state have coverage under their employer’s workers’ compensation insurance policy.

Learn how to apply for benefits and what to expect during the process.

How and when do I file a workers’ comp claim in Illinois?

First, notify your employer in writing as soon as possible after your injury. If you wait more than 45 days after the injury to tell your employer, you may lose the right to claim benefits. For injuries and illnesses that develop slowly, you must notify your employer within 45 days of the realization that your job caused or exacerbated the issue.

Next, you must file the Application for Adjustment of Claim along with proof that your employer has also received a copy of this application. You have three years from your injury date to claim benefits as long as you notified your employer within 45 days. Your employer must file an accident report within 30 days and give you a list of approved medical providers so that you may start treatment.

How does the state calculate workers’ comp payments?

This program covers the cost of medical care for your injury, temporary or permanent disability benefits if you become partially or totally disabled as a result of the injury, vocational programs if you can no longer perform your former job duties and death benefits for workers who die as a result of a work injury. Workers’ comp payments are not subject to income tax.

If you receive temporary disability benefits, they will equal about 66.66% of your average weekly paycheck, up to a weekly maximum of $1,549.07 for 2020. You can claim temporary disability benefits after you have missed three days of work because of the injury. Permanent disability benefits vary depending on the extent of the injury, but use 66.66% of your average weekly wage before and after the injury as a starting calculation.