FREQUENTLY ASKED WORKERS' COMPENSATION QUESTIONS

1.     What is Workers' Compensation?

In today’s environment, on the job injuries are a reality. In Illinois , the Workers' Compensation Act, a state statute, dictates which benefits are available to an injured employee due to an on the job injury.  The Act is administered by the Illinois Workers' Compensation Commission, a state agency.  Benefits that are available to injured employees are more clearly set forth below.  If you have suffered an on the job injury, you may be entitled to some or all of the benefits listed below.  Please contact this office for a free consultation regarding your potential claim.

2.     What injuries are covered by the WCA?  

Any injury that is caused by the employee’s work, or more specifically, an injury due to a specific occurrence that arises out of and occurred in the course of the employee’s work for the employer, is covered by the Act.  An aggravation of an injury, or re-injury, is covered by the Act if the aggravation is determined to be caused by the employee’s work for the employer.  In addition to specific occurrence injuries being covered by the Act, the following may also be covered: injuries caused by repetitive stress, such as carpal tunnel, depression, heart attacks and the like that are determined to be directly caused by the employment.   

3.     Does the Act cover me even when the accident was my fault?  

Yes. In Illinois , the Act is a no fault system.  As such, any job occurrence, even if solely caused by the injured employee, is covered under the Act.  

4.     What benefits are provided to an injured employee under the Act?

There are three main benefits that the Act provides to injured employees.

1.     Reasonable and necessary medical, hospital and surgical expenses are covered at 100%.  As such, all bills related to hospital and surgical care, physician care, physical therapy, testing, prescriptions, and the like are paid.

2.     Temporary Total Disability payments.  If an injured employee is caused to miss work, per a physicians written direction, as a result of the injuries sustained,  the Act dictates that the employer pay to the employee a percentage of the employees gross average weekly wage, including overtime and possibly the wages of a second job.  In most cases, the payment is two-thirds of the average weekly wage that the employee earned during a 52 week period prior to the original date of occurrence.

3.     Permanent Partial Disability or Permanent Total Disability.  When an injured employee has completed medical care and has returned to his or her employment, the Act provides a compensation system to allow the employee to recover for his or her partial disability. This payment is normally paid out in one lump sum at the time of settlement.  If an injured employee can not return to work in any capacity, the Act provides for the payment of Permanent Total Disability.  This payment is either paid in one lump sum or by the employer making weekly payments for a set period of time in the future.

5.     What should an injured employee do after an on the job injury takes place?  

First and foremost, the employee should seek immediate medical attention.  If the injury does not require immediate medical attention, the employee should immediately report the occurrence to his or her supervisor.  After giving the employer notice of the occurrence, all other communications with the employer and or insurance company representative should be conducted by an attorney.  

6.     How do I verify that my injury is covered by the Act and when should I obtain legal representation?  

To verify that your work injury is covered by the Act and to obtain immediate representation, please call the Law Office of Joseph G. Haffner for a free consultation.  As the employer and their insurance company will begin defending their claim upon receipt of you report of injury, it would be prudent to hire counsel as soon as practical after the occurrence.  

7.     Do I need to pay for the attorney’s fees prior to the resolution of my claim and how much is the typical fee?  

No. An injured employee is only charged a contingent fee if a settlement or award is determined in the employee’s favor.  The contingent fee is 20% of any recovery made. Certain circumstances will dictate a statutory fee of lesser amounts.  

8.     What is entailed in the Attorney’s representation of the injured employee?  

We will assist in filing the Application of Adjustment of Claim with the Workers' Compensation Commission.  Thereafter, we will counsel the injured employee to verify that all actions are taken by the employee and this office to protect the employees rights under the Act as listed in 4 above.  

9.     Is there a time frame in which I must file my claim?  

Yes. The Act has a statutory filing period of 3 years from the date of the occurrence.  Certain circumstances may extend that time frame. All injured employees should act promptly to protect their rights under the Act.  

10.     Can I choose my own doctor?  

Yes. The Act allows injured employees to seek medical care at a doctor or hospital of their choice, subject to certain limited restrictions.  As always, consult with this office to verify that there are no restrictions to your choice of physician.  

11.     Do I have a right to obtain a second opinion from another doctor?

Yes. The Act allows an injured employee to obtain a second opinion, if needed.  How second opinion doctors are determined can be quite unusual, and as such, it is recommended that an employee always consult his or her attorney before scheduling a second opinion appointment.  

12.     What should an employee do if his or her treating physician returns the employee to work and the employee does not feel capable of returning to the job?  

The injured employee should either attempt to return to work or seek a second opinion.  If the employee attempts to return to work, he or she should immediately consult with the treating physician should the work cause increased pain.   

13.     What are the options for resolution of the claim?

There are a few options and in the typical situation, this office will settle the claim providing the employee with a lump sum settlement and the retirement of the employees claim and corresponding benefits.  If settlement can not be reached, this office will present the case for a hearing before the assigned Arbitrator.  After the hearing, the Arbitrator will provide a ruling called an Award at Arbitration or Arbitrator’s Decision.