Workers Compensation FAQ

What is workers' compensation?

What benefits are paid under workers' compensation?

How long do employees have to file workers' compensation benefits?

Can an employee be fired for filing a workers' compensation claim?

Can the employee choose his/her own treating doctor or hospital?

Can the employer ask for an evaluation by its own physician?

Are workers' compensation payments subject to income tax?

Does the employee have to provide a recorded statement to the employer?

What if an employee cannot return to the same occupation after an injury or exposure and cannot earn as much money?

How is the attorney compensated?


What is workers' compensation?

Worker's Compensation is a system of benefits provided by law to most workers who have job-related injuries or diseases. These benefits are paid regardless of fault. The amount of the benefits is limited by law.

 

Top

 

What benefits are paid under workers' compensation?
In most cases, worker's compensation benefits are paid for accidental injuries that are caused, in whole or in part, by the employee's work. In addition, if a work accident aggravates a pre-existing condition, you are entitled to receive benefits under the Illinois Workers' Compensation and Occupational Diseases Acts.

 

Top

 

How long do employees have to file workers' compensation benefits?
For accidental injuries, within 45 days after the accident. For occupational diseases and repetitive injuries, the employee must notify the employer as soon as practicable after he or she becomes aware of the condition. A delay in notifying the employer can result in a delay in the payment of benefits.

 

Top

 

Can an employee be fired for filing a workers' compensation claim?
No. Employees cannot lose their jobs for filing workers' compensation cases. It is against the law for an employer to discharge, harass and/or fire or refuse to rehire or discriminate in any way against an employee who files a workers' compensation case. Such conduct by the employer may entitle the injured employee to bring a separate suit for damages.

 

Top

 

Can the employee choose his/her own treating doctor or hospital?
Yes. An employee may choose any doctor or hospital at the employer's expense. You should inform your employer in writing of the name and address of the doctor or hospital chosen.

 

Top

 

Can the employer ask for an evaluation by its own physician?
Yes. If the employee claims to be entitled to benefits and the employer asks for an examination by a doctor of its choice, the employee must undergo the examination at a reasonable time and place. The employer must pay for this examination. In addition, the employer must pay, in advance, sufficient money to defray travel expenses. If the employee loses time from work, the employer must provide reimbursement for lost wages.

 

Top

 

Are workers' compensation payments subject to income tax?
No. Workers' compensation payments are not subject to state or federal income tax.

 

Top

 

Does an employee have to give a recorded statement to the employer?
The employee is not required and should never give a recorded statement. If you choose to give a recorded statement, the employer may use it against you.

 

Top

 

What if an employee cannot return to the same occupation after an injury or exposure and cannot earn as much money?
Employees who cannot return to the same occupation after the work-related injury or disease are entitled to receive a wage differential. The wage differential is two-thirds of the difference between the amount the employee would otherwise be earning in the full performance of his job if the accident had not occurred, and the amount he or she is able to earn after the injury.

 

Top

 

How is the attorney compensated?
The attorney's fee is limited to 20% of the amount of compensation recovered, unless the Commission allows additional fees after a hearing.

 

Top
Call 1-888-625-6265 or learn about our Zero Fee Guarantee
Free Consultation
Captcha Image

Enter Letters From Image Above.
VERDICTS &
SETTELMENTS
  • $1,225,000 settlement for a speedway patron who got hit by a baseball-sized rock kicked up by a race car. The rock hit her so hard, she needed an emergency tracheostomy and brain surgery.

  • $6,000,000 settlement for our client, a 4 month old baby whose doctors had failed to diagnose a brain infection that left her with permanent brain damage and cerebral palsy.

  • $11,800,000.00 in a product liability settlement for a father of five who tragically died when his tire treads failed, causing his vehicle to roll over.

  • We obtained a $5 million settlement for a woman whose son died when his physician failed to diagnose a tumor.

  • A woman recovered $2.25 million in a medical malpractice case, in which the woman's obstetrician/gynecologist failed to spot her cancer on a pap smear, causing our client to have to undergo multiple, surgeries.

  • A $2 million verdict was obtained for a woman whose Ob/Gyn failed to refer her to a gynecologist to treat what turned out to be a malignant uterine sarcoma.

  • We obtained a $1.7 million settlement in a nursing home neglect case in which a 72 year-old man suffered radiator burns so severe that he had to have his legs amputated.

  • We obtained a $1.4 million award in a slip and fall case involving a 13 year-old boy who developed severe hip trouble after falling down the stairs of his high-rise.

  • A $1.25 million settlement in favor of our client, an 18 year-old boy who lost most of his vision after being assaulted by a security guard.

  • We obtained a $1.15 million settlement for our client, a little girl who suffered severed burns as a direct result of fire code ordinance violations.

  • A union painter whose legs got crushed by a forklift recovered $1 million in damages.

  • A $1 million settlement in favor of our client, a hemophiliac, who suffered severe soft tissue damage in a car accident.

  • A union steel worker who injured his back moving a 300 pound steel beam in the rain recovered $1 million for his construction site work injury.

  • We obtained a $900,000 settlement in the case of a beaten prison inmate who died after being given the wrong medication at the hospital.

  • We obtained a $600,000 settlement for a man who suffered a below the knee amputation after his friend accidentally shot him with a hunting rifle at a restaurant.

  • A 54 year-old woman recovered $600,000 in a product liability settlement after her oven mitt exploded and severely burned her breasts.

  • A woman who had lost her baby to fetal distress while in the hospital was awarded $500,000 for medical malpractice.

  • An 81 year-old bedridden stroke victim recovered $390,000 after he developed what would turn out to be fatal pressure ulcers stemming from negligent nursing care.

  • A nursing home resident won a settlement of $300,000 stemming from a hip fracture accident. His nursing staff had failed to take proper fall-risk precautions.

  • We obtained a settlement of $250,000 for the estate of a 21 year-old man who, after sustaining life-threatening injuries in an automobile accident, subsequently died in the hospital due to the staff's failure to insert a chest tube.

  • We obtained a settlement of $175,000 for the estate of a woman whose negligent nursing home care resulted in bed sore ulcers that led to an infection that ultimately caused her death.

  • We obtained a $150,000 settlement for a 69 year-old stroke victim who had to have an above the knee amputation due to nursing home neglect.

  • A $150,000 verdict was recovered for the estate of a 79 year-old man, who suffered bed sores stemming from nursing home neglect that ultimately contributed to his death.

Contact Info

Malman Law
205 W. Randolph St., Suite 610
Chicago, Illinois 60606

Toll Free: 888-625-6265
Email: info@malmanlaw.com

Unless we collect for you, our services are free! click here to learn more!
car accident attorney Chicago, workers compensation attorney Chicago, Chicago injury lawyer, Chicago personal injury lawyer, personal injury attorney Chicago