A list of frequently asked questions and answers related to obtaining or receiving workers' compensation benefits.
What if my employer pays me workers compensation benefits voluntarily?
Just because you accept payment of workers’ compensation benefits and medical benefits, you have not waived or given up any rights under the Workers’ Compensation Act. Merely signing receipts or other reports requested by your employer does not waive your rights either.
The fact that your employer voluntarily pays you compensation benefits does not represent an admission of liability. Even if you file your claim with the Workers Compensation Commission after a voluntary payment, your employer can still deny its obligation to pay you any compensation at all.
After an injury, in order to fully and finally close out your rights, a legal settlement must be written on a form provided by the Workers Compensation Commission. The Workers Compensation Commission must formally approve all settlements.
If there is a dispute regarding the amount of compensation you are owed, you should immediately file a claim with the Workers Compensation Commission and contact your legal representative.
How Do I File A Workers Compensation Claim?
Completing an accident report or signing your employer’s injury forms is not the same as filing an enforceable legal claim that protects your rights. Do not delay and do not be fooled. You can file a claim yourself but remember: your employer will no doubt get legal representation.
Unless you file your claim with the Workers’ Compensation Commission on time, you lose your rights forever! You must file all the proper claim forms with the Illinois Workers Compensation Commission. Call 312-814-6500 to locate the office nearest you.
When Must I file My Workers Comp Claim?
Your claim will be legal and valid if you file it with the Workers Compensation Commission:
- Within three years from the date of the accident,
Or
- Within two years from the date of the last payment of related compensation (TTD, TPD, Maintenance, medical bill payment, etc.)
Therefore, if you had an accident on the job within the last three years, you may still be eligible to receive some form of compensation. Do not delay, because even one day late is too late.
Filing an accident report at work, or filing out insurance claim forms, is not the same thing as filing a Workers’ Compensation claim with the Workers Compensation Commission.
If you have questions or concerns about what to file, when to file, and where to file, you ought to consult with a legal representative.
Who must actually pay for workers’ compensation insurance and benefits?
The Workers Compensation Commission does not pay benefits. All benefits due to qualified injured workers are the sole responsibility of the employer or their insurance carrier.
It is illegal for employers to charge workers for any part of a workers’ compensation insurance premium or for any workers compensation benefits, even by passing it through on a payroll check.
Who provides workers compensation benefits?
If the worker can prove that they were injured or poisoned at work, the employer is responsible for providing specific wage loss and medical care benefits.
Many employers buy workers compensation insurance. Others insure themselves under the supervision of the State of Illinois. In either case, all Illinois employers must post a notice in the work place explaining to its workers who to contact concerning work-related injuries, diseases and conditions.
