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1. If I am injured at work, what do I do first?
Under Illinois Worker's Compensation Act you are required to report your accident at work to your supervisor within 45 days. However, you should immediately report this accident to your supervisor the same day. Secondly, you should go to your family doctor, company clinic, or nearest hospital and advise the physician of your accident at work.
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2. When do I file my injury claim?
The statute of limitations for filing a worker's compensation claim in Illinois is 3 years from the date of accident and 2 years from the last payment of compensation.
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3. Do I have a claim if my employer has no insurance?
Your right to recover money from your employer under the Illinois Worker's Compensation Act is not limited to those companies with worker's compensation insurance. You have the right to collect money from your company even if it does not have worker's compensation insurance.
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4. What kind of benefits am I entitled to?
- Medical Expenses
Your employer must provide you with reasonable medical care to
return you to work. Your employer must pay reasonable and necessary medical expenses in connection with your claim.
- Weekly Benefits (TTD)
Your employer is obligated to pay a weekly benefit to you when
your doctor has authorized you off work. You may be entitled to weekly benefits even if you are returned to work light duty. The rate of pay for your weekly benefits is based on your average weekly wage at the time of your accident.
- Permanent Disability Benefit
Once your medical treatment has reached a certain point, you may
be entitled to benefits for the complete or partial use of your body. The rate of pay for these benefits is determined by the Worker's Compensation Act.
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5. Do I have to be a U. S. Citizen to file a claim?
An injured worker has rights to compensation under the Illinois Worker's compensation Act even if he is not a citizen or resident alien.
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6. If I am paid by cash, can I file a claim?
An injured worker who is paid by cash has the same rights as any other injured worker.
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7. Can I file claims other than worker's compensation?
In addition to employer, there may be other parties responsible for your injury. Damages against such third parties may include loss of earnings, pain and suffering and future medical expenses.
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8. Do I have to appear for a hearing as a part of my claim?
The majority of the cases handled in my office do not require the injured worker to appear for hearing at the Industrial Commission. However, our practice and experience has shown that in order to protect the rights of the injured worker it may be necessary to conduct a hearing before an Arbitrator. It has been the experience of my firm for over 40 years that a public hearing to determine the appropriate value and rights of the injured worker is necessary in some cases.
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9. Can I speak to my attorney in Polish?
Unlike some of the attorneys who work in the Polish community you have the opportunity in my office to speak to me directly in a Polish language.
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