Basic Requirements

Eligibility

By |2017-03-08T20:58:41-06:00January 28th, 2017|Basic Requirements|

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 copy of the form on the Commission's website. IWCC PDF. To

Jurisdiction

By |2017-02-01T22:35:06-06:00January 27th, 2017|Basic Requirements|

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 which an injured worker is entitled to claim benefits in

Operating under the Act

By |2017-02-04T16:38:02-06:00January 26th, 2017|Basic Requirements|

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 General contractors for employees of uninsured sub-contractors Borrowing-Loaning employers 820

Employment Relationship

By |2017-02-01T22:34:58-06:00January 25th, 2017|Basic Requirements|

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 contractors. Unfortunately, there is no simple rule for doing so.

Notice to Employer

By |2017-02-01T22:34:54-06:00January 24th, 2017|Basic Requirements|

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 Assembly | IWCC PDF. If you do not give proper notice to

Accident

By |2017-02-24T19:23:35-06:00January 23rd, 2017|Basic Requirements|

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 both the Illinois Workers' Compensation Act and the Occupational Diseases

Causation

By |2017-03-01T16:02:02-06:00January 22nd, 2017|Basic Requirements|

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 worker has a pre-existing condition or the injury is the

Time to File

By |2017-02-01T22:35:46-06:00January 21st, 2017|Basic Requirements|

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' compensation benefits from your employer or their insurance company without