Do You Have Questions About Workers’ Compensation? We Have Answers.

In the more than 65 years that our firm has been serving employers in workers’ compensation cases, some questions have come up more often than others. For your convenience, we have compiled answers to the most frequently asked questions below. If you have further questions, please contact our office and we will be happy to answer them.

Do workers’ compensation rules apply when an injury was caused by a third party?

Yes. Workers’ compensation law does recognize that not all workplace injuries are the fault of the employer. It is possible to recover the costs of a workers’ compensation claim through a process called subrogation. This process is complex, but a good rule of thumb is that your subrogation effort is more likely to be successful if you take action quickly, and maintain detailed and accurate records of the incident, which clearly demonstrate the negligence or malice of the responsible third party.

What happens if there is a dispute about the validity of an employee’s workers’ compensation claim?

Disputes regarding the validity of workers’ compensation claims fall under the jurisdiction of each state’s workers’ compensation commission. If either the employee or employer is unhappy with this commission’s ruling, it is possible to file an appeal with an appellate board of commissioners, and ultimately, the matter can be pursued through litigation in state court.

How should employers respond when an employee files a workers’ compensation claim?

The best strategy varies greatly depending on the nature of the injury and the validity of the claim. The best way to choose an appropriate legal strategy is to consult with an experienced workers’ compensation defense attorney like those at Keefe & DePauli, P.C. In our first meeting, we will listen closely to the details of your case and will explain exactly how we can help you navigate the claims process quickly and effectively.

How long does an employee have to file a workers’ compensation claim in Illinois?

In Illinois, workers have up to three years from the date of injury to file a workers’ compensation claim. If they were already receiving benefits payments, they can file a claim for up to two years after their benefits were terminated. When both situations apply, the employee is bound by whichever deadline is later.

However, there is a much more immediate deadline to be aware of. Injured employees generally have just 45 days from the date of the injury to notify their employer about the incident. If they fail to report within this timeframe, they could be ineligible for benefits.

Are there any circumstances where an employee may not be eligible for workers’ compensation in Illinois?

Yes, there are certain situations where an employee may not be eligible for workers’ compensation. A partial list includes:

• If the injury was intentional and self-inflicted
• If it occurred while the employee was perpetrating a serious crime
• If the employee was under the influence of drugs or alcohol at the time of the accident
• If it occurred during their usual commute to and from work (with some exceptions)
• If the injuries occurred during voluntary recreational activities

Additionally, a worker would likely be ineligible if their accident/injuries were not directly related to their job. This can sometimes be a legal gray area, so it is best to consult an attorney.

Can an employee still receive workers’ compensation if they were partially at fault for their injury?

Yes, workers’ compensation in Illinois is a no-fault system. This means that even if an employee was partially at fault for their injury, they are still eligible to receive workers’ compensation benefits (with the exception of purposeful and self-inflicted injuries, as noted above). The primary focus is whether the injury arose out of and in the course of employment, not who was at fault.

What should an employee do if they are not receiving the full amount of benefits they believe they are entitled to under workers’ compensation?

The employee would likely communicate their grievance to the insurance company (if your business uses one) or to the company if self-insured. It’s important to respond decisively in these situations with the help of your attorney (especially if the injured worker has hired their own lawyer). Prompt and strategic intervention can prevent the issue from escalating.

Is there a time limit for how long an employee can receive workers’ compensation benefits?

The duration for benefits in Illinois varies depending on the nature and assigned severity of the injury. For instance, temporary total disability benefits are available for as long as an employee is unable to work and is receiving medical treatment (up to the point of maximum medical improvement)

For some whose injuries are deemed permanent, benefits could potentially last the rest of their lives. However, there are often caps on certain permanent partial disability benefits. Limitations depend on the type of injury, whether it was classified as scheduled or unscheduled, whether it caused disfigurement and other factors.

Have More Questions? Contact Our Firm.

We look forward to providing thorough answers to all of your workers’ compensation questions. To schedule a consultation with Keefe & DePauli, P.C., call 618-537-1478 or contact us by email.