Painter staring at wall
Permanent Disability Benefits

Person-as-a-Whole Benefits

January 29, 2017

Person-as-a-whole benefits are one type of permanent partial disability (PPD) benefits available under the Illinois Workers’ Compensation Act and Workers’ Occupational Diseases Act to injured workers who suffer serious and permanent injuries. They are also sometimes called man-as-a-whole or 8(d)(2) benefits. Section 8(d)(2) of the Illinois Workers’ Compensation Act […]

Basic Requirements

Eligibility

January 28, 2017

There are a number of requirements that must be met in order to have a compensable Illinois workers’ compensation claim. These are set forth in the Illinois Workers’ Compensation Commission’s Request for Hearing form, which is filed before an arbitration hearing. You can find a […]

Basic Requirements

Jurisdiction

January 27, 2017

To be eligible for Illinois workers’ compensation benefits, Illinois must have jurisdiction over the claim as set forth in the Illinois Workers’ Compensation Act or Workers’ Occupational Diseases Act. Each state has its own workers’ compensation system. The laws of each state declare the circumstances under […]

Skyway at sunset
Basic Requirements

Operating under the Act

January 26, 2017

The employee and their employer must be “operating under” the Illinois Workers’ Compensation Act or Occupational Diseases Act to be eligible for workers’ compensation benefits. Four types of employers are defined as operating under the Workers’ Compensation Act: Government employers Private employers by election or automatic application […]

Security Guard
Permanent Disability Benefits

Wage Differential Benefits

January 25, 2017

Wage differential benefits are a type of permanent partial disability (PPD) available to injured workers in Illinois who have suffered a loss of earning capacity as a result of a work-related accident or occupational exposure. Wage differential benefits are set forth in section 8(d)(1) of […]

Semi-truck on highway
Basic Requirements

Employment Relationship

January 25, 2017

Illinois workers’ compensation benefits are only available to claimants that have an employment relationship with the respondent (defendant). In other words, you must be an employee to obtain workers’ compensation benefits. This may seem obvious until you consider the difficulty in distinguishing employees from independent […]

Woman with phone and clock
Basic Requirements

Notice to Employer

January 24, 2017

Injured workers generally must provide notice of their accident to their employers within 45 days to qualify for workers’ compensation benefits in Illinois. You must provide notice of the accident to your employer as soon as practicable, but not later than 45 days. 820 ILCS 305/6(c) Illinois General […]

Workers on frame
Basic Requirements

Accident

January 23, 2017

To qualify for Illinois workers’ compensation benefits, an employee must have sustained an accidental injury or been exposed to an occupational disease “arising out of” and “in the course of” their employment. This basic requirement, which is the subject of many disputed claims, is found in […]

Falling Dominoes
Basic Requirements

Causation

January 22, 2017

An injured worker must show that his or her current condition of ill-being is causally connected to a work-related accident or occupational  disease exposure to be eligible for Illinois workers’ compensation benefits. Causation is a frequently disputed issue in workers’ compensation claims, especially where the injured […]

Picture of clock
Basic Requirements

Time to File

January 21, 2017

Injured workers in Illinois generally have 3 years to file an “Application for Adjustment of Claim” with the Illinois Workers’ Compensation Commission if no benefits have been paid or, if benefits have been paid, 2 years from the last date of payment. You can receive workers’ […]