Brankey & Smith, P.C.
 

Workers' Compensation

 

  1. What is workers’ compensation?
  2. Which employees are covered by the law?
  3. What injuries and diseases are covered under the law?
  4. What benefits are provided?
  5. Are workers’ compensation benefits considered income?
  6. Who pays for the benefits?
  7. What does the law require of employers?
  1. What is workers’ compensation?

    2. Workers' 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.

    Each state has its own workers’ compensation law. Illinois’ law first took effect in 1912.

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  2. Which employees are covered by the law?

    3. Almost every employee who is hired, injured, or whose employment is localized in the state of Illinois is covered by the law. These employees are covered from the moment they begin their jobs.

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  3. What injuries and diseases are covered under the law?

    4. In most instances, the law covers injuries that are caused, in whole or in part, by the employee’s work.

    A worker injured by the repetitive use of a part of the body is covered, as is a person who experiences a stroke, heart attack, or other physical problem caused by work.

    A worker who had a pre-existing condition may receive benefits if he or she can show the work aggravated that condition.

    Injuries suffered in employer-sponsored recreational programs (e.g., athletic events, parties, picnics) are not covered unless the employee is ordered by the employer to participate. Accidental injuries incurred while participating as a patient in a drug or alcohol rehabilitation program are not covered.

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  4. What benefits are provided?

    5. The law provides the following benefit categories, which are explained in later chapters:

    1. Medical care that is reasonably required to cure or relieve the employee of the effects of the injury;
    2. Temporary total disability (TTD) benefits while the employee is off work, recovering from the injury;
    3. Temporary partial disability (TPD) benefits while the employee is recovering from the injury but working on light duty;
    4. Vocational rehabilitation/Maintenance benefits are provided to an injured worker who is participating in an approved vocational rehabilitation program;
    5. Permanent partial disability (PPD) benefits for an employee who sustains a permanent disability or disfigurement, but can work;
    6. Permanent total disability (PTD) benefits for an employee who is rendered permanently unable to work;
    7. Death benefits for surviving family members.

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  5. Are workers’ compensation benefits considered income?

    6. No. Workers' compensation benefits are not taxable under state or federal law and need not be reported as income on tax returns.

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  6. Who pays for the benefits?

    7. By law, the employer is responsible for the cost of workers’ compensation. Most employers buy commercial workers’ compensation insurance, and the insurance company pays the benefits on the employer’s behalf. No part of the workers' compensation insurance premium or benefit can be charged to the employee. Other employers obtain the state’s approval to self-insure.

    To identify the party responsible for paying benefits, an employee may check the employer’s workplace notice, check the Commission’s web site, or contact the Commission’s Insurance
    Compliance Division (inscompquestions.wcc@illinois.gov; toll-free 866/352-3033).

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  7. What does the law require of employers?

    8. Employers must:

    1. Obtain workers’ compensation insurance or obtain permission to self-insure;
    2. Post a notice in each workplace that explains workers' rights under the Workers’ Compensation Act and lists the insurance carrier, policy number, contact information, etc.;
    3. Keep records of work-related injuries and report to the Commission those accidents involving more than three lost work days;
    4. NOT charge the employee for any part of the workers’ compensation insurance premium or benefits;
    5. NOT harass, discharge, refuse to rehire, or in any way discriminate against an employee for exercising his or her rights under the law.

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The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.




 
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