According to the U.S. Occupational Safety and Health Administration, approximately 34 out of every 1,000 full-time American employees suffered a workplace accident or job-related injury during 2012. When an employee is hurt or becomes ill on the job, Illinois law requires the employer to take several important actions. By speaking with a workers’ comp attorney in Chicago, you can learn more about your own rights and your employer’s responsibilities after an accident.
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- Employers must report all work-related accidents as soon as realistically possible
After an accident occurs, employers must determine promptly whether the event is work-related. According to Illinois law, work-related injuries must fulfill the following requirements:
- Directly related to work activities
- Occurring in the workplace or on company-owned property
- Not caused by a motor vehicle accident while traveling to or from the workplace, except in rare cases involving employees such as pilots or flight attendants
If these three conditions apply, Illinois employers are required to fill out a First Report of Injury (Form 45) with all necessary details. OSHA regulations state that the most severe workplace incidents, such as death or loss of consciousness, must always be reported regardless of other factors.
- Employers must notify insurance providers
As any workers’ comp attorney in Chicago knows, employers are required by the Illinois Workers Compensation Commission to have workers' compensation coverage. This is a benefit that employers must pay for out of their own pocket; they are not allowed to charge employees for the insurance. Once employers have filed a First Report of Injury, they must then notify their workers' compensation insurance provider. Illinois law requires all employers to carry sufficient workers’ compensation insurance and inform their insurer about all incidents that may require coverage.
- Employers must continue to provide wages during the period of disability
Every workers’ comp attorney in Chicago is aware that the process of recovering from a work accident can be long and arduous. When an injury causes disability and loss of wages, it can be traumatic for the entire family. As soon as an injured employee has missed three full days of work, the employer is required to pay temporary total disability, consisting of two-thirds of the worker’s usual wage. These payments are made on a weekly basis. If the employee’s condition does not improve, the employer must provide permanent disability benefits.
Many Illinois workers face considerable physical danger every day in the workplace. State law is designed to protect employees and their families by safeguarding the right to fair documentation of injuries, sufficient insurance coverage and compensation for lost wages. Get in touch with a workers’ comp attorney in Chicago today for a free consultation about your case.