Workers’ compensation is a structure of benefits provided to employees by law who have been involved in work-related injuries or who acquire health issues caused by their job. In most cases, benefits are paid to employee regardless of who was at fault.

The Illinois Workers’ Compensation Commission is a State agency that The Illinois Workers’ Compensation Commission is the State agency that governs the court process as it relates to workers’ compensation claims. The Illinois Compensation Commission helps to resolve workers’ compensation claims that are disputed between employees and employers. The Illinois Workers’ Compensation Commission must be unbiased and the staff cannot be a supporter for the employee or employer. The staff cannot give legal advice to the employee or employer, but they can explain the procedures of the law governing workers’ compensation claims.

Under the Workers’ Compensation Act, any accident that happens at work or in the course of employment is qualified to collect workers’ compensation benefits.

In general, employees that are hired, injured, or whose employment is restricted to Illinois are covered by the Workers’ Compensation Act beginning the moment the employ starts their job.

The Workers’ Compensation Act has the following different benefit classifications: Reasonable medical treatment that is needed by the employee to remedy the effects of the injury; While an employee is off of work recovering from an injury, they can receive Temporary Total Disability (TTD) benefits; As of February 1, 2006, any injuries sustained by an employee on or after that date can receive Temporary Partial Disability (TPD) benefits. These benefits are used while an employee is recuperating from an injury but is able to work on light duty but for less compensation; For individuals who are an injured employee partaking in a vocation rehabilitation program that is approved can receive vocational rehabilitation/maintenance benefits; For employees who endure some permanent disability or disfigurement but are still able to work, Permanent Partial Disability (PPD) benefits are available; In the instance an employee is permanently unable to work, Permanent Total Disability (PTD) benefits are offered; and Death benefits are also available for surviving family members.

By Illinois law, the employer is responsible for the cost of workers’ compensation benefits. Generally, employers buy workers’ compensation insurance and then insurance company will pay the benefits on the employer’s behalf. Employers obtain the State of Illinois’s approval to self-insure, meaning the employer has the responsibility to pay its own claim. To find out which party is responsible for paying benefits, an employee can check the employer’s workplace notice, check the Commission’s website, or contact the Commission at inscompquestions.wcc@illinois.govor toll-free at 866/352-3033.

In accordance with the Workers’ Compensation Act, employers are obligated to do the following: Purchase workers’ compensation insurance or obtain permission to self-insure from the Commission; Post a notice in the workplace. Employers can obtain this notice at http://www.jwcc.il.gov/forms.htm; and Keep records of work-related injuries and report to the Commission those accidents involving more than three lost workdays. Employers are prohibited from doing the following: Charging the employee for any part of the workers’ compensation insurance premium or benefits; and Harass, discharge, refuse to rehire, or in any way discriminate against an employee for exercising his or her rights under the Workers’ Compensation Act.

The employee should give the employer’s name and address, and the date of injury, to the Commission’s Insurance Compliance Division. The Division can be reached at inscompquestions.wcc@illinois.gov or at 312-814-6611, toll-free 866/352-3033.

Yes, an employer is subject to penalties by not purchasing workers’ compensation insurance if he or she is negligent, meaning they failed to take the proper care in providing workers’ compensation insurance coverage. An employer’s failure to provide workers’ compensation insurance coverage is a Class A misdemeanor for each day without coverage. The maximum is 12 months imprisonment and a $2,500.00 fine. If an employer knowingly fails to provide workers’ compensation insurance coverage, they are punishable by a Class 4 felony for each day without coverage. The maximum terms of imprisonment is 1-3 years and a $25,000.00 fine. Besides criminal punishment, an uninsured employer can also receive a civil penalty of $500.00 for every day it lacked insurance. The minimum fine is $10,000.00. Employers without workers’ compensation insurance may also be subject to a citation issued by the Insurance Compliance Division. The citation fine may range from $500.00 to $2,500.00. If an employer is uninsured, it loses the protections provided by the Workers’ Compensation Act for the time frame of noncompliance, meaning, an employee injured during the period of noncompliance can choose to file a civil lawsuit. Last, in the Commission discovers an employer knowingly failed to provide insurance coverage, a stop-work order can be issued and the company may be shut down until insurance is obtained.

Yes, the Workers’ Compensation Act addresses workers’ compensation fraud which can affect employees, employers, and healthcare providers. Under the Act, employers can not intentionally file a fraudulent workers’ compensation claim. They also cannot make any fraudulent statements to get workers’ compensation benefits or make false statements to deny the benefits. Employers also cannot present bills or statements for payment of medical services that weren’t provided.

The penalties for workers’ compensation fraud increase with the value of the property obtained or attempted to be obtained. The minimum charge is a Class A misdemeanor for property valued at $300.00 or less and the individual may receive 12 months imprisonment and a $2,500.00 fine. The maximum charge is a Class 1 felony for property valued at more than $100,000.00 and the individual may receive a maximum of 4-15 years imprisonment and a $25,000.00 fine. Restitution may also be required plus attorneys fees and costs.

If you wish to report a possibly fraudulent situation, contact the Workers’ Compensation Fraud Unit, Department of Insurance (DOI.WorkCompaFraud@illinois.gov; toll-free 877/923-8648). Anyone who intentionally makes a false report of fraud is subject to a Class A misdemeanor with a maximum sentence of 12 months imprisonment and a $2,500.00 fine.