In Illinois, the Workers’ Compensation Law provides the injured worker with a limited number of remedies.

Remedies are what type of damages you can receive.

The Illinois Workers’ Compensation Act gives you medical coverage, payment for time off work and payment for the injury itself.

If you are able to prove your case you are entitled to reasonable and necessary medical expenses related to your work injury.

Sometimes you may even get future medical payments related to your original injury.

You also are entitle to 66 percent of your weekly wage based on the year before your injury. You must have a doctor taking you off work for your injury. This payment is not subject to any taxes.

You are also entitled to 60 percent of your weekly wage times a set number of weeks based on the body part injured. This is commonly called the settlement. It is also not subject to taxation.

Payment of the settlement is not automatic.

The insurance company will sometimes “forget” to pay you a settlement.

You must request for the settlement to be paid.

If a settlement is not paid, and you have not filed the proper paperwork with the Illinois Workers’ Compensation Commission in a timely manner then you lose any rights you may have had to a settlement.

You are not entitled to consequential damages under the Illinois Workers’ Compensation Law.

This means that if you have lost your house, or car, or cannot pay insurance premiums because of your injury, then you cannot sue to recover these type of damages.

If your employer fires you because you have filed a Work Comp claim, you must file a different type of lawsuit in a different court to seek damages.

Questions about your work injury? Feel free to contact Illinois Work Comp lawyer Dirk May at 309-827-4371 to discuss your case.

Advertisements