In Illinois, your workers’ compensation benefits are paid by your employer — either directly or through their workers’ compensation insurance provider.
The law requires nearly all Illinois employers to carry workers’ compensation coverage. This insurance is in place to provide financial and medical support when an employee is injured on the job or develops a work-related illness.
Once your injury is reported and your claim is accepted, the insurance company typically handles the actual payment of benefits. These can include:
- Full coverage for reasonable and necessary medical treatment
- Temporary Total Disability (TTD) payments while you’re off work
- Permanent Partial or Total Disability benefits, if you have a lasting impairment
- Vocational rehabilitation, if you can’t return to your previous job
- Death benefits to surviving dependents, in fatal cases
What If Your Employer or Insurer Doesn’t Follow Guidelines?
Problems can arise when the employer doesn’t report your injury, the insurer delays payment, or benefits are denied without valid cause. No matter what your unique situation is, you have the right to:
- Request a hearing before the Illinois Workers’ Compensation Commission (IWCC)
- Potentially pursue penalties and interest for late payments
- Take legal action to enforce your right to compensation
Delays can put unnecessary stress on your recovery, especially when you’re missing income or facing mounting medical bills. You don’t have to accept excuses or wait indefinitely.
Key Factors That May Impact Your Workers’ Compensation Claim
Third-Party Administrators: Many insurance companies use Third-Party Administrators (TPAs) to manage claims and process payments. These TPAs handle the day-to-day administration of your benefits, though the insurance company remains financially responsible for your claim.
Second Injury Fund: Illinois maintains a Second Injury Fund that provides additional compensation in specific cases. This fund comes into play when a worker with a pre-existing disability suffers a second injury that results in permanent total disability. The fund helps ensure workers with prior disabilities aren’t disadvantaged in the workplace.
Maximum Benefit Rates: It’s important to know that benefit amounts aren’t unlimited. Illinois sets maximum weekly benefit rates which are adjusted annually based on the state’s average weekly wage. Your specific compensation will be calculated as a percentage of your wages, subject to these maximums.
Tax Implications: Unlike regular income, workers’ compensation benefits are generally not taxable at the federal or state level. This means you’ll receive your full benefit amount without tax withholdings, which can help offset the financial impact of your injury.
Even though the insurance company issues the checks, it’s your employer’s legal responsibility to ensure your claim is reported properly and processed promptly. If they fail to report your injury or delay the process, they may violate the Illinois Workers’ Compensation Act.
Let Us Help You Get Your Workers’ Compensation Claim Filed Properly
The Illinois Hammer Injury Law Firm holds employers and insurance companies accountable when they delay or deny rightful benefits. We know how the system works and how to take action when it’s not working as it should.
If your checks haven’t arrived, your benefits were denied, or you’re unsure what’s happening with your claim, contact us for a free consultation. We’ll step in, get answers, and fight to ensure you’re paid what the law requires — no more waiting or guesswork.
