Injured on the Job?

If yes, you need to be aware of your rights under the Illinois Workers' Compensation Act. This Act requires employers to insure their employees for work related accidents or illnesses.

WHAT ARE YOUR RIGHTS UNDER THE ILLINOIS WORKERS' COMPENSATION ACT?

You are entitled to:

1). The payment of your medical bills related to the accident that are reasonable and necessary.

2). Temporary Total Disability (2/3 of your Average Weekly Wage) to compensate for lost income while you are medically unable to work.

3). Permanent Partial or Total Disability: a lump sum payment for the degree of permanent loss suffered by you due to the injury or disease.

WHAT TO DO FIRST:

1). Report the accident. The accident must be reported in 45 days either verbally or in writing.

2). See a doctor. If your company does not take you to a doctor, see your own physician.

3). Ask for a "work status" slip -- if the doctor says you are unable to work, and can only perform some of your job duties, this slip paper should be given to your company.

WHAT THE ACT DOES NOT DO:

1). It does not guarantee you continued employment. The employer is not required to hold your job until you get better.

2). The act does not pay you for pain and suffering. It is only a safety net to protect employees from financial hardship when suffering from a work related accident.

3). It does not allow the employee to sue the company. However, if you accident was caused by someone other than the company, you may have a lawsuit against the party.

WON'T THE COMPANY BE ANGRY IF I SUE THEM?

Workers' compensation is not a lawsuit. It is a claim. Like auto insurance, when there is an accident, you have a claim against the insurance company. The company also has an insurance policy, just for injuries that occur on the job. Your claim goes against the insurance company, not the company.

SHOULD I GET A LAWYER?

Yes. While the company may tell you not to get a lawyer, your rights under the act are quite complex. The best way to enforce your rights to have a lawyer with experience help you? and fight to get what you are entitled to!

If you have a specific legal question or need additional information, please call Jordan Margolis at (312) 236-2201.