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1. |
What is workers' compensation |
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Workers' compensation is a system of benefits provided by law to most workers who have job-related injuries or diseases. These benefits are paid regardless of fault. The amount of the benefits is limited by law.
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2. |
Who is covered? |
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Almost every employee who is hired, injured or whose employment is localized in the state of Illinois is covered by workers' compensation. These employees are covered from the moment they begin their jobs.
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3. |
Who provides the benefits? |
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The employer is responsible for providing benefits. The employer pays the benefits either directly or through a service or insurance company that administers the program for the employer. No part of the workers' compensation insurance premium or benefits can be charged to the employee.
The employer must post a notice in the work place indicating the name, business address and business telephone number of the person, service company or insurance company (including the insurance policy number) to contact for questions relating to workers' compensation. |
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4. |
For what injuries and diseases are benefits paid? |
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In most instances, workers' compensation benefits are paid for accidental
injuries that are caused, in whole or in part, by the employee' s work. Workers may also be compensated for aggravation of a pre-existing condition.
Injuries are accidental if they happen unexpectedly, without plan of design. This includes injuries brought on by the repetitive use of a part of the body, as well as strokes, heart attacks or any other physical problem caused by work. Injuries suffered in employer-sponsored recreational programs (e.g., athletic events, parties, picnics) are not covered unless the employee is ordered by the employer to participate. Accidental injuries incurred while participating as a patient in a drug or alcohol rehabilitation program are not covered. |
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5. |
What benefits are provided? |
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A. Medical care benefits
The injured employee is entitled to receive all necessary first aid, medical, surgical and hospital services reasonably required to cure or relieve the effects of the injury or disease. Where necessary, the employee is also entitled to receive appropriate physical, mental or vocational rehabilitation. (For more information, please see Chapter 3.) B. Temporary total disability benefits Employees who must lose time from work in order to recover from the injury or disease are entitled to receive weekly payments until they are able to return to work that is reasonably available to them. The payments represent two-thirds (66 2/3%) of the employee's average weekly earnings during the year before the accident or last exposure, subject to certain limits. No compensation is payable for the first three working days, unless the lost time continues for 14 or more calendar days from the date of injury. If temporary total disability benefits are not paid within 14 days, and the employer cannot justify the delay in payment, the employer may be required to pay a penalty to the employee. (For more information, please see Chapter 4, Section 1.) C. Permanent disability, disfigurement and death benefits When the employee has sustained an injury or disease which results in permanent disability, scarring or other disfigurement, additional benefits are provided to the employee. The circumstances under which these benefits are payable and the method of determining the amount of the benefit is explained in Chapter 4, Sections 2 and 3. If the injury or disease results in the employee's death, certain members of the employee's family are entitled to benefits. The way in which beneficiaries and the amount of these benefits are determined is explained in Chapter 4, Section 4. |
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6. |
Who administers the law? |
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The Industrial Commission is responsible for administering the law, providing information and assistance to employees and employers, and resolving any disputes regarding employees' entitlement to benefits and the amount of benefits. The Industrial Commission does not pay benefits - this is the responsibility of the employer.
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7. |
Can an employee be fired because he or she reported an accident? |
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It is against the law for the employer to harass, discharge, refuse to rehire or in any way discriminate against an employee for exercising his or her rights under the Workers' Compensation or Occupational Diseases Acts. Such conduct by the employer may give rise to a right to file a separate suit for damages in the Circuit Court.
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8. |
Are workers' compensation benefits subject to income tax? |
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No. Workers' compensation payments are not subject to state or federal income tax and need not be reported on returns as income.
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