Illinois Workers' Compensation FAQs

The McHenry workers' compensation lawyers at Taradash Johnson Janezic focus on helping injured workers get maximum compensation and benefits after an on-the-job accident. The following are answers to some of the most frequently asked questions we get regarding Illinois workers' compensation laws.

How do I file a workers' compensation claim?

Injured workers are generally required to promptly notify the employer or manager about any work-related injuries or illnesses within 45 days of the accident, injury, or illness. You will need to then file a claim with your employer's workers' compensation insurance carrier.

What should I do if my employer's insurance carrier denies or reduces my claim?

If your employer or its insurance carrier fails to provide workers' compensation benefits following an on-the-job accident, or if it reduces the amount of the benefits, you may want to file a claim with the Illinois Workers' Compensation Commission (IWCC). You, as the injured worker, will be required to prove that you are entitled to the requested workers' compensation benefits. If there is a dispute between you and your employer about the claim, an arbitrator with the IWCC will conduct a trial and issue a decision within 60 days.

Can I file a lawsuit against my employer?

Workers' compensation laws prohibit an injured worker from filing a lawsuit against his or her employer. Workers' compensation laws do not preclude lawsuits against negligent third parties, however. For instance, if a factory worker is injured while on the job as a result of defective equipment, the injured worker may be able to seek personal injury damages from the equipment manufacturer. Similarly, if an employee is injured in a work-related car accident, he or she may be able to recover compensation from the negligent motorist.

What workers' compensation benefits are available?

Illinois workers' compensation laws provide for the following benefits, depending on the extent and nature of the employee's injury or illness:

  • Medical and rehabilitative expenses
  • Temporary total disability benefits equal to two-thirds of the employee's average gross weekly wage if the employee is unable to work while recovering
  • Temporary partial permanent disability benefits equal to two-thirds of the difference between the average amount the worker would be able to earn in his or her pre-injury job and the net amount he or she earns in a light-duty job while recovering
  • Permanent total disability benefits if there is a loss of use of a part of the body
  • Vocational rehabilitation

How much does it cost to pursue a workers' compensation claim?

Filing a workers' compensation claim comes at no cost to you. At Taradash Johnson Janezic, we provide legal services to injured workers under a contingency fee basis and only collect fees once you have obtained compensation or benefits.

If you suffered a work-related injury or illness, contact our office at 815-669-4635 to schedule a free, no obligation consultation with one of our Illinois workers' compensation lawyers.