Temporary Total Disability: benefits equal 2/3s of the employee’s average weekly earnings for the time the employee is unable to work.
Permanent Partial Disability: Employees who return to their old jobs may suffer lost wages, which entitles them to a lump sum worth 60% of the average weekly wages. Also, employees who are unable to return to the old job and suffer lost wages are entitled to 2/3s of the difference in wages. Retraining may also be an option for employees unable to return to their old job.
Permanent Total Disability: The compensation for this is 2/3s of the average weekly wage for life.
Medical Bills: The employer must pay for accident-related medical bills, which could extend for life in some cases.
How Do I File a Claim?
To start the claims process, notify your employer as soon as the injury occurs or before the 45-day time limit. Cases against employers with the IWCC must be filed within 3 years of the incident. The employer or employer’s insurer then files a “form 45” with the State of Illinois and pays out benefits within 2 weeks of the accident.
What if My Claim is Denied?
If your claim is denied by your employer or insurer, you may file an appeal with the Illinois Workers’ Compensation Commission and proceed through the hearing process. If your appeal is denied, there are other ways to appeal, and you should call a legal professional.
What is different between Workers’ Comp and Personal Injury Claims?
Personal injury claims describe all injuries that occur outside of the individual’s work environment. Compensation for personal injury claims requires proof of fault before a judge or jury. These cases may be difficult to prove.
Worker’s compensation claims are a type of liability insurance that was created to protect employees from the hazards of work, and employers from high medical bills and care for injuries. These claims are not tried in court, but they go before a state commission that decides on the validity of the claims.
What Damages are Awarded in a Personal Injury Case?
Compensation may be provided for medical bills, lost wages, disfigurement, pain and suffering, and other hardships that the injured person is likely to encounter.
How Do I Get a Favorable Verdict?
For personal injury claims, the injured persons must prove that the other party was over 50% at fault to collect any damages. Also known as “comparative fault,” courts may decide to award anywhere from 50 to 100% of the damages.
How Much Compensation Could I Receive?
Illinois State law does not put a cap on damages in any personal injury case.
Can Employers be Sued for Personal Injury?
No. Accidents sustained at work fall under workers’ compensation law and not personal injury law.