ANSWERING YOUR WORKERS’ COMPENSATION FAQS
Q: What is workers’ compensation, and how does it work in Illinois? Workers’ compensation is a type of insurance that your employer is legally required to pay under Illinois law. Coverage starts on your first day of work, whether you’re full-time or part-time. You are also covered if you were hired in Illinois and were injured working in another state. Workers’ compensation is a “no-fault” system. You can receive many benefits, including full payment of your medical bills. It does not matter whether you or your employer caused your injury. In exchange for a guarantee of these basic benefits, you cannot sue your employer for compensation for your injuries. Instead, you can file a workers’ compensation claim. There is an exception to the rule: Federal workers and city of Chicago employees, including police officers and firefighters, are not eligible for workers’ compensation benefits under the Illinois Workers’ Compensation Act.
Q: What types of injuries are covered under the Illinois workers’ compensation act? Many work-related injuries and illnesses are covered under the Illinois Workers’ Compensation Act. The law assumes that your injury “arose out of and in course of the employment and is causally limited to the work activity.” The burden of proof shifts to your employer to prove that your work injury or illness was not caused by work activity or exposure. Examples of work injuries include broken bones, herniated discs, heart attacks, or losing a finger. Certain occupations can also put employees at risk for developing illnesses, such as cancer or black lung disease. Additionally, preexisting conditions are covered if they have been aggravated by work activity. Railroad workers and maritime workers must file a claim under the Federal Employers Liability Act (FELA) and the Longshore and Harbor Workers’ Compensation Act, respectively.
If you or someone you love has been hurt on the job, we recommend that you contact an experienced workers’ compensation lawyer as soon as possible to protect your rights. Call us at 312-578-9501 any time to speak with one of our attorneys.
Q: Can my boss fire me for filing a workers’ compensation claim?
No. You are protected under the Illinois Workers’ Compensation Act from your employer retaliating against you for filing a workers’ compensation claim.
–Patrick Anderson
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