State laws govern the distribution of workers’ compensation benefits. In Illinois, the Illinois Workers’ Compensation Act outlines the rights of injured workers. According to this act, injured workers are entitled to:
Medical expenses – 100% of all medical expenses are covered. No deductible or co-insurance payment is required.
Choice of Doctors – You may choose two doctors for your treatment. You are also entitled to treatment from doctors to whom you are referred.
Partial Permanent Disability (PPD) – Also known as a lump sum settlement, this benefit is meant to compensate you for your injuries if you suffer from partial loss of the use of a body part. The amount of these benefits is determined by what body part is permanently impaired and how that will affect your life.
Permanent Total Disability (PTD) – If your injury leaves you unable to do any kind of work or you lose two of the same body parts (i.e. both hands), you are entitled to benefits for life. These benefits are also based on two-thirds of your average gross weekly wage.
Temporary Total Disability (TTD) – If you need to be off work to heal from your injuries, you are entitled to a weekly lost wage benefit. This sum is calculated based on two-thirds of your average gross weekly wage.
Wage Loss Differential – If your injury prohibits you for doing your job and you must take a lower paying job, you may be entitled to a benefit equal to two-thirds of the difference between the average gross weekly wages of each job.
Vocational Retraining – If you cannot return to your job because of your injury, you may be entitled to compensation for retraining in another occupation.
Survivor benefits – If a worker is killed on the job, his or her dependent heirs are eligible for workers’ compensation benefits.
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Types of Workers’ Compensation Claims
Workers’ compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries and illnesses. When you are injured at work, you are entitled to workers’ compensation benefits regardless of fault. The workers’ compensation system was designed to make sure workers are protected financially in the event of a workplace injury. In exchange, the employee is generally not permitted to sue the employer in court for damages related to those injuries. Benefits are paid by your employer’s workers’ compensation insurance.
Workers’ compensation generally covers all injuries that are caused – in whole or in part – by the employee’s work. Workers’ compensation even covers pre-existing conditions if the employee’s job exacerbated the condition. Injuries sustained at an employer-sponsored recreational activity, such as an employee picnic or company softball league, are not covered unless the employee is required to participate in the activity.
Following an injury, the insurance company will usually try to settle quickly to minimize its costs. It is in an injured worker’s best interest to hire a workers’ compensation attorney. The lawyers at Ankin Law Office are highly experienced in negotiating and litigating workers’ compensation claims. With the help of our attorneys, you are more likely to get the settlement you deserve.
If you have been injured in the workplace, contact us today to discuss your workers’ compensation claim.
If you’ve been in an accident, our attorneys will help you get the compensation you need and deserve. Call us now for a free, no obligation case evaluation.