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Know Your Rights

Your Illinois Worker's Compensation Rights

The Illinois Workers' Compensation Act was enacted to provide benefits to anyone injured while working in Illinois.  The Act also provides benefits to anyone who was hired in Illinois but was injured in another state or anyone working for a company whose principle place of business is in Illinois.

The benefits provided by the Illinois Workers' Compensation Act include:

  • You do not have to prove employer negligence.

  • If you cannot return to your old job as a result of your injury, your employer must help find a new job or pay you a portion of your lost income and provide vocational retraining.

  • Employers are strictly prohibited from harassing or firing you for filing a claim.

  • Medical Benefits include 100% coverage, with no coinsurance or deductibles.

  • You have free choice of doctors (two or more of your own choosing).

  • Lost Wage Beneifts cover two-thirds (66%) of your gross weekly wage (paid within 2 weeks of your accident)

  • Travel to and from doctors and therapy appointments is reimburseable.

  • You are to be compensated for any disfigurement (scarring, burns, amputations, etc.) 

  • Insurance companies may be penalized for failure to pay benefits.

  • You are entitled to lump sum settlements.

  • Your attorney’s fee is limited by Illinois law to 20% of any disputed money that is awarded to you.

"I lost my job after being injured on the job.  Do I still have a claim?"

If you were injured on the job and then subsequently laid-off, you may still have a viable workers' compensation claim.  The Illinois Workers' Compensation Act allows an injured worker to file for benefits for up to three (3) years after their work-related accident.  If you were  laid-off or even if your employer has gone out of business,  you may still have a claim for workers= compensation benefits.   

"The insurance company says your claim is being denied."

This is the most commonly used phrase in the insurance industry.  However, simply because they are telling you that your claim is denied, doesn't necessarily mean that you do not have a viable claim.  The insurance companies tell you this because they want you to walk away.   If this has happened to you, contact our office and we can accurately assess whether or not your have a claim for workers' compensation benefits. DONOT take the insurance company at their word. 

The insurance company says your claim is closed.

This the second most commonly used phrase in the insurance industry.  An Illinois  workers' compensation claim can only be closed one of two ways: 1) by the signing and approval of a Lump Sum Settlement contract and 2) by the decision of an arbitrator.  If you received workers' compensation benefits and have returned back to work, you may be entitled to a cash settlement or award from an arbitrator of the Illinois Workers' Compensation Commission. 


To maximize your benefits and to protect your rights, it is imperative that you contact your attorney at Bogusz Law Group, immediately following any work-related injury.

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