Process to File a Workers’ Compensation Claim in Chicago

Thursday, April 17, 2025

Process to File a Workers’ Compensation Claim in Chicago

Written by Malman Law, reviewed by Steve J. Malman.

Have you suffered a work-related sickness or injury in Illinois? If so, you may be eligible for workers’ compensation benefits to cover your medical expenses and lost income.

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Most employers in Illinois are obliged to carry workers’ compensation insurance for their employees. Therefore, most injured workers in Illinois can file a claim. The process is not simple, but you should start by seeking help from a workers’ comp attorney in Chicago.

What Workers’ Compensation Benefits Include

Worker’s compensation in Illinois includes:

• Medical care and rehabilitation
• Temporary total disability (when an employee is off work for the recovery of a work-related injury)
• Temporary partial disability (when an employee is working fewer hours to recover from a work-related incident)
• Permanent partial disability (for an employee who can work but become partially disabled)
• Permanent total disability (for an employee who was diagnosed as permanently disabled to work)
• Vocational rehabilitation
• Permanent partial or complete disability benefits, and
• Survivor benefits (for the survivors of a worker who died from injuries on the job –  an amount that is paid as two-thirds of the employee’s gross average wage 52 weeks before the illness or injury

Take note that workers’ comp only covers injuries related to your job, such as repetitive use, a stroke or heart attack due to work, or similar physical or psychological problems. The insurance also covers a pre-existing condition that worsened during your employment.

You must have been working at something, onsite or off-site, directly related to your employment. For example, you are not compensated if injured during a company softball game or picnic.

Workers’ compensation benefits are tax-free, so you don’t have to pay taxes on your compensation.

What Are No-Fault Workers’ Compensation Claims?

No-fault workers’ compensation claims allow employees to receive benefits for work-related injuries regardless of fault. This means that even if the injury was caused by the employee’s own mistake, a co-worker’s negligence, or an unavoidable workplace accident, the injured worker is still entitled to compensation.

In Illinois, workers’ compensation follows a no-fault system, meaning that employees do not need to prove that their employer acted negligently. Instead, they must demonstrate that the injury occurred in the course of employment. This system is designed to streamline the claims process and make sure that injured workers receive necessary medical care and wage replacement benefits without legal obstacles.

While this system benefits employees by removing the need for litigation, employers are protected from personal injury lawsuits by workers’ compensation being the exclusive remedy for workplace injuries. Exceptions exist in cases of intentional harm by an employer or if an injury was the result of misconduct, such as intoxication while on duty.

Additionally, a no-fault system ensures that claims are processed more efficiently. Employees do not have to spend months or years proving that their employer was responsible for their injury. Instead, they can focus on recovery and returning to work. However, workers should be aware that despite the no-fault nature of the system, employers and insurance providers may still challenge claims, especially if they believe the injury was pre-existing or occurred outside of work duties.

To strengthen a workers’ compensation claim, injured employees should report the injury immediately, seek medical attention, and document all relevant details. This includes witness statements, photographs of the injury or accident scene, and correspondence with their employer regarding the incident. Any delay in reporting or lack of proper documentation can give insurance companies grounds to deny the claim.

How Does Workers’ Comp Work in Illinois?

Illinois requires employers to acquire workers’ compensation insurance, even if it’s a small business with one employee. Workers’ compensation may include partial wage replacement when an employee misses work due their job-related illness or injury. The program also covers the costs of healthcare services and occupational therapy.

Most workers’ compensation programs in Illinois are paid by private insurance policies. In addition, Illinois has a Workers’ Compensation Commission, a state department that supervises the program and intervenes during disputes. When an employee is denied the benefits they think they deserve, a Chicago workers’ compensation attorney can bring an appeal before the Commission.

What Kind of Injuries Can You Sustain on the Job?

Employees can suffer a wide range of injuries depending on their job duties and workplace conditions. Some of the most common work-related injuries include:

• Traumatic Injuries: Falls, machinery accidents, burns, and crush injuries often occur in physically demanding jobs like construction or manufacturing. These injuries are typically caused by unsafe working conditions, lack of protective equipment, or employer negligence in enforcing safety protocols. Workers in high-risk industries such as construction, warehousing, and manufacturing face a greater chance of suffering serious or even fatal traumatic injuries. Employers are required to follow strict Occupational Safety and Health Administration (OSHA) regulations to mitigate these risks, but violations still happen, putting employees in danger. If an employer fails to provide a safe work environment, injured employees may have additional legal options beyond workers’ compensation.
• Repetitive Strain Injuries: Repeated motions such as typing, lifting, or assembly-line work can lead to conditions like carpal tunnel syndrome, tendonitis, and chronic back pain. While these injuries develop gradually, they can be just as debilitating as a sudden accident, leading to long-term disability or the inability to continue working in the same role. Office workers, warehouse employees, and factory workers frequently develop these conditions over time, often without realizing the extent of the damage until it becomes severe. Employers are encouraged to implement ergonomic solutions, such as adjustable workstations and frequent breaks, to help prevent these injuries. In cases where an employer fails to provide proper accommodations, employees may need to seek medical attention and request modifications to their duties.
• Occupational Illnesses: Exposure to hazardous chemicals, airborne toxins, or loud environments can result in conditions such as lung disease, cancer, or hearing loss. Workers in industries like construction, manufacturing, and healthcare are at particularly high risk. Occupational illnesses often go unnoticed for years, making it crucial for workers to regularly monitor their health and report any symptoms that may be linked to their work environment. Employees exposed to asbestos, silica dust, or toxic chemicals may develop life-threatening conditions such as mesothelioma or chronic obstructive pulmonary disease (COPD). Since these diseases often take years to manifest, it is important for workers to undergo regular health screenings and document their exposure history to support potential future claims.
• Psychological Injuries: Stress, workplace violence, or witnessing traumatic events can contribute to PTSD, depression, or anxiety. While mental health conditions are often overlooked in workers’ compensation claims, they are just as valid as physical injuries. Employees who experience psychological trauma from a work-related incident should seek professional treatment and document how their job has affected their mental well-being. First responders, healthcare workers, and employees in high-stress environments may be particularly vulnerable to mental health injuries. In some cases, chronic workplace stress or bullying can also contribute to significant mental health concerns. Illinois law recognizes mental health-related workers’ compensation claims, but proving these injuries may require medical records, therapist evaluations, and documentation of workplace conditions that contributed to the condition.
• Transportation-Related Injuries: Employees who drive as part of their job may suffer serious injuries in work-related vehicle accidents. Delivery drivers, truck operators, and sales representatives frequently travel for work, and accidents occurring during work-related travel are generally covered under workers’ compensation. However, injuries sustained during a regular commute to and from work are typically not covered unless specific exceptions apply, such as travel required by an employer beyond the normal commute. In work-related vehicle accidents, multiple parties could be involved, including other drivers, employers, or even third-party contractors responsible for vehicle maintenance. Employees who drive for work should ensure they follow proper vehicle safety protocols and report any work-related accidents immediately.

Regardless of how minor or severe the injury is, it is essential to seek medical attention promptly and document all details to support a workers’ compensation claim. Many workers underestimate injuries, assuming they will heal on their own, only to find that the pain worsens over time. Early medical intervention not only improves recovery but also strengthens a claim by providing documented evidence of the injury.

Furthermore, some injuries, such as concussions or internal bleeding, may not show immediate symptoms. Workers should not dismiss minor discomfort or dizziness following an accident. Seeking medical care early ensures that hidden injuries are diagnosed and treated before they become serious health risks.

Ultimately, the type of injury sustained will determine the course of medical treatment, rehabilitation needs, and the duration of wage replacement benefits. Employees who suffer long-term or permanent disabilities due to a workplace injury may be entitled to additional compensation, including vocational rehabilitation or lump-sum settlements. Consulting an experienced workers’ compensation attorney can help ensure that injured workers receive the maximum benefits they are entitled to under Illinois law.

Receiving PTD and Death Disability Benefits

As of 2022, the maximum benefit per week for permanent partial disability or permanent total disability is $1,792.73, while the minimum benefit amount is $672.28. (The cap is revised every six months; a list of the maximums can be found on the Illinois Workers’ Compensation Commission website, which is responsible for enforcing the state’s workers’ compensation regulations.)

A recipient of PTD or death benefits is entitled to receive a cost-of-living adjustment periodically. Death benefits are paid over a span of 25 years or are paid in a sum of $500,000, whichever is greater.

Paying Out TTD Benefits

Total temporary disability (TTD) benefits are paid in minimums based on an employee’s average weekly wage or a scheduled rate, whichever is lower.

How to File a Claim for Workers’ Compensation in Illinois

When you are injured on the job, you must notify your employer promptly. You also need to receive medical treatment immediately so you have proof of your injury. Tell the medical provider that your injury is work-related so they know who pays for your medical care.

You’ll also need to provide your employer with information about your medical treatment and the address of the health care provider.

What to Include in Your Report

When reporting a work-related injury, you need to include the following details:

• The date of the injury
• The time the accident happened
• A description of the events that led to the injury
• Your contact details

Although the notice may be given orally or in writing, the Illinois Workers’ Compensation Commission prefers that you file it in writing. (Note – informing a non-management colleague does not constitute informing your employer.)

You must tell your employer of an injury within 45 days to protect your benefit rights. A delay of over 45 days may result in losing all workers’ compensation payments.

Only a few exceptions exist to this rule: If you have a slow-developing disease or injury, or a cumulative traumatic stress injury, you must report your condition to your employer as soon as you’re aware of the condition.

Submitting an Application for Claim Adjustment in Illinois

This form is unnecessary if your employer pays for your medical care and temporary or permanent disability compensation, as promised. However, you must file a claim if you need the State Commission to force your employer to pay you benefits.

Note – it is still a good idea to fill out the form and file it, especially if you run into a situation where you unexpectedly stop receiving your benefits. Alternatively, if you expect that your employer may need an incentive to pay you benefits in the future (such as compensation for back surgery), you should submit the documentation.

For most injuries, the Application for Adjustment of Claim must be filed within three years from the accident date or the discovery of the disability.

How to Submit an Application for Claim Adjustment

You must apply to the Illinois Workers’ Compensation Commission (IWCC) and your employer. Send the form by mail or deliver one copy of the filled-out application to your employer and three copies of the completed application to the IWCC’s address.

The IWCC is at 100 W. Randolph Street, #8-200, in Chicago, IL 60601.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

Illinois Work Compensation Claims: Your Employer’s Obligation

Once you report a work-related injury to your employer, they must supply you with a list of approved medical providers and notify their insurer to begin the claims process.

If your injuries have prevented you from working for over three days, your employer must accept your claim or begin temporary disability benefits within 14 days.

Otherwise, they must offer you a written explanation of why your claim is being refused or delayed while an investigation is conducted (along with any information they may still require).

Within 30 days of being notified of your injuries, your employer must also submit a Form IC45 to the IWCC if your injury has limited your work time to three days.

Contesting a Denial of Workers’ Compensation in Illinois

Common reasons for denying a workers’ compensation claim include failing to notify your employer of an injury within 45 days or failing to prove that the injury or illness was caused by and occurred in the course of your employment.

You may petition the Workers’ Compensation Commission for a review if you notified your employer of your injury within 45 days but your company denied your claim. The Commission will perform an investigation and decide on your allegation.

How Does a Workers’ Compensation Attorney Help?

Victims who sustain work-related injuries can be under serious stress. The aftermath of an injury may be overwhelming, whether it is dealing with the pain and limitations of the injury, figuring out how to pay the medical bills, or managing your everyday expenses.

Instead of being stressed by the legal aftermath of a work-related injury, you should focus on your health and recovery, which is why handling the situation alone is not ideal. Instead, working with a worker’s compensation attorney enhances your chances of a positive outcome.

Here are a few benefits of working with a workers’ compensation attorney:

Compliance With Legal Guidelines

You must comply with the state legal requirements or conditions to file a successful worker’s compensation claim. An attorney will work with you to ensure your insurance claim has all the documents and meets all legal requirements.

These requirements can include:

• You must be an employee
• You reported the injury to your employer by a specific deadline
• Your employer carries workers’ compensation insurance
• You must have seen an approved physician or doctor recommended by the employer or insurer list
• You must demonstrate that you sustained a work-related injury or illness

Pursue Maximum Compensation

Once you’ve submitted a claim, an insurer may quickly table a settlement. If you’re dealing with an insurer without legal aid, they can pressure you to accept an insufficient offer. An attorney can evaluate the offer presented by the insurer.

An attorney can negotiate a fair settlement amount for your losses if necessary.

Prove the Extent of Your Injuries

Your chances of obtaining a fair settlement for your losses increase if you can demonstrate the extent of your losses.

An attorney can compile the following documents to prove the extent of your injury:

• Medical bills
• Specialist reports
• Initial doctor’s diagnosis report
• Witness statement
• Photos of the injury
• Images of the scene
• Police report

Represent You During Trial or Hearings

Most victims of work-related injuries obtain compensation from their employer’s insurer. Even so, you may need to go to court if you disagree. An attorney best suits the legal matter by presenting facts to the court.

An attorney will examine witnesses and may also defend you against contradicting statements issued by the opposing lawyer. More importantly, an attorney will identify any opportunity to settle before the full trial hearing date.

Contacting a Workers’ Compensation Lawyer in Illinois

The Workers’ Compensation Commission recommends that most employers and employees get legal counsel in contentious cases. A lawyer can facilitate settlement negotiations and/or request a formal hearing. A lawyer can also assist in preparing evidence for a claim’s trial or deliberations.

Whether you need a lawyer to file a dispute or represent your claim to expedite filing, scheduling a consultation is a good idea. In Illinois, contact Malman Law to learn more about your rights in Chicago when filing a workers’ compensation claim. Call (312) 629-0099 right away.