Workers’ compensation (often referred to as “workers’ comp”) law in Illinois is a law that governs when employees are injured while at work in a “compensable” accident.
Injured workers are mainly entitled to three benefits (assuming there is a compensable case):
- The employer is going to pay them temporary total disability—two-thirds of their average weekly wage tax-free during the period that they are off of work.
- All of the injured employee’s medical bills are paid during the duration of whatever disability that they have, and
- A lump sum settlement or an arbitration award to compensate the employee for the disability sustained.
What is a compensable case?
There are various elements that govern what in fact is a compensable workers’ compensation injury. For example, there must first be an employer-employee relationship established. It also must be an injury that both arises out of and occurs during the course of employment. Those are critical elements that must be met in order for a case to be deemed compensable.
There are exceptions for certain injuries while working that may not be covered as a work accident. One gray area, for instance, is if someone is traveling to or from work or if they get injured in the parking lot immediately before or immediately after work. Then you have to start looking at several different factors. Did the company own the parking lot? Was the injured person on the clock during that time? Were they performing a task that benefited their employer when the injury occurred?
An effective Petitioner’s attorney must look at all of the facts and circumstances in order to properly evaluate every case and provide effective representation.
Whether you can get workers’ compensation benefits depends on all of the facts and circumstances of your work injury. In any case, if you’ve been hurt at work, you are encouraged to speak with an experienced workers’ compensation attorney to learn about your rights.
Our consultations are always free.