Kreiter, Byck and Associates, LLC — Labor Law
Client: Kreiter, Byck & Associates, LLC — Labor Law
The Illinois Workers Compensation Act
- You’ve been injured on the job, or…
- You’ve contracted a disease or illness on the job, or…
- You’ve suffered an injury caused by repetitive motion at work, or…
- A pre-existing condition you had got worse because of your work…
Contact a KBA attorney to learn more or read on for details.
Your Rights under ‘Workers Comp’
Since 1911, the Illinois Workers’ Compensation Act has been protecting employees who are injured at work, and for just as long, employers and insurance companies have been doing their best to weaken the law in the courts and in Springfield.
Laws evolve with every court case and every legislative session. Here are some basic protections under the Act, but consult a KBA attorney for the latest and most accurate information.
- Under the law, your employer cannot retaliate against you in any way for exercising your rights – including filing a claim, recovering benefits or hiring an attorney. Harassment and retaliation could subject an employer to a separate lawsuit.
- You do not have to give a tape-recorded statement to an insurance company.
- You have the right to choose your own physician for your injury or for a second opinion. There are limitations to this provision, so it is important to consult with experienced attorneys.
- If your employer or its workers comp insurance company fails to pay for treatment for your work injuries in a timely way, they may have to pay penalties and attorneys fees.
- You are entitled to receive compensation equal to 66.6% of your gross average weekly wages while you are off of work under doctor’s orders. This is called Temporary and Total Disability benefits (TTD). If you have work restrictions because of your injuries, and your employer can’t accommodate those restrictions, you are entitled to TTD. If the insurance company fails to pay TTD in a timely way, it may be required to pay penalties and attorney fees.
- You may have the right to Temporary Partial Disability (TPD) if you return to work earning less money due to your temporary restrictions.
- At the end of your case, you may be entitled to a lump sum settlement or an award. This is called Permanent Partial Disability compensation (PPD). The value of your case will be based in part on the nature and extent of your injuries and on your wages. A skilled and experienced attorney can help you assess the value of your case.
- If you are considered permanently and totally disabled from employment, you are entitled to lifetime disability benefits. The parties often negotiate a lump sum settlement taking into account the present value of the lifetime benefits and potential future related needs.
- If your employer cannot accommodate your permanent medical restrictions, you may be entitled to Vocational Rehabilitation and Maintenance. In essence, the insurance company pays you the same 66.6% of your gross average weekly wages while Vocational Counselors either assist you in finding work or retrain you in another area of work. If you change jobs as a result of your restrictions, and your income is significantly reduced, you may be entitled to lifetime benefits equal to two-thirds of the difference in wages. This may also be negotiated into a large, lump sum settlement amount, if the parties agree.
- Trying and winning a case will entitle you to payment of future, related medical treatment. In some circumstances, this could be negotiated in a settlement.
- You may be entitled to much more than your employer’s insurance company is telling you. You can consult for free with a Kreiter, Byck and Associates attorney regarding your work injuries.
- The Workers’ Compensation Act limits attorneys’ fees, in general, to 20% of the amount of the permanent partial disability or permanent total disability compensation. There are other limitations that may apply as well.
Learn more with a free consultation with a KBA attorney. Remember: We don’t get paid until we win your case.