Illinois Workers Compensation Laws

As per Illinois workers compensation laws, all employers in this state are legally obligated to carry occupational injury compensation insurance that should provide protection to their employees in cases of work-related injuries and illnesses. As per the provisions applicable in the state of Illinois, a worker who gets injured at the workplace is legally entitled to monetary compensation, which should cover both the resulting medical expenses as well as the resulting wage loss (if any). It is important to note that even if the injury takes place offside the workplace but as long as it takes place while the worker in question was performing a task as part of his or her job that was assigned by the employer, the injured worker is entitled to workers compensation.

Medical Benefits

The medical benefits that are provided to the injured workers under the Illinois workers compensation laws include an array of things, such as chiropractic treatment, prosthetic devices, pharmaceuticals, surgery, hospital care, first aid, prescribed medical appliances, emergency care, doctor visits, medical tests, and other such things. The injured employees in such cases do not need to pay for the medical expenses on their own. In cases, where the injured employee needs a medical device, such as a wheel chair, the occupation injury compensation insurance of the employer must cover the cost for the same. Furthermore, certain physical modifications are needed at the home of the worker, the cost for the same must also be covered under the insurance. The employer thus will be liable to pay all the costs.

Choice Of Doctor

The state laws are also very flexible about the selection of the physician for the treatment of workplace injuries. For example, the employee is free to get the treatment from a doctor of his or her own choice, but it is also mandatory for them to visit the doctor chosen by the employer. Illinois workers compensation laws have made this provision to avoid the chances of fraud by any of the parties.

Compensation For Wage Loss

The provisions for the compensation of wage loss have also been explained under the laws in great detail. For example, in case of TTD (Temporary Total Disability), the worker is entitled to get compensation for wage loss also. The employer or the insurance company will have to continue making these payments until the employee gets fully recovered and returns to work. In general, the amount of the payment in this regard is determined as 2/3rd of the average weekly wage, but there are certain minimum and maximum limits also, depending upon the number of the dependents in the injured employee’s family. The maximum limit is $1243 regardless of the number of dependents. The minimum limits are as follows –

Four or more dependants – $320
Three dependants – $309.33
Two dependants – $277.33
One dependant – $245.33
No dependant (children) – $213.33

Survivor Benefits

Illinois workers compensation laws have also enacted provisions for survivor benefits in cases where an employee or a worker dies while at job. In such cases, if there are primary beneficiaries, such as children and spouse, they get monetary compensation as per certain rule. In case, the worker was not married, his or her parents are entitled for the benefits provided they were fully dependent on the deceased. If neither of these two things applies, a third party may be considered for the benefits provided he or she proves that he or she was at least 50% dependent on the deceased. The person who pays for the burial expenses gets $8000 of burial benefits. Survivor benefits are paid for twenty five years but must not exceed $500,000 in aggregate total. The actual weekly payment is determined as 2/3rd of the average weekly wage the deceased was earning 50 weeks before the injury (or the date of the accident).

There are also provisions for certain penalties for the employers if they fail to meet the insurance requirements as specified under the Illinois workers compensation laws. Every single day of noncompliance can result in a monetary fine of up to $500.