Although every workers’ compensation case is different, below is a list of the typical process involved in Illinois.
Step 1: The worker is injured.
The injury can occur instantly during a specific accident or it can occur over time from repetitive trauma.
Step 2: The worker notifies his employer.
Workers are encouraged to notify their employers as soon as possible after an injury. Workers are required to notify their employers within 45 days of the date they know or reasonably should know they were injured on the job.
Step 3: The worker receives medical treatment.
Workers are encouraged to seek medical treatment as soon as possible after an injury. The worker’s employer must pay 100% for reasonable and related medical treatment, including copays and out-of-pocket expenses.
Step 4: The worker gets a lawyer.
Hiring an attorney can increase an injured worker’s chance of receiving all the benefits allowed by Illinois law. Although injured workers are not required to retain attorneys, it is highly recommended. Illinois workers’ compensation attorneys are paid based on a percentage of the benefits they earn for their clients rather than an hourly rate. Therefore, Illinois workers’ compensation attorneys only get paid if their clients get paid.
Step 5: Hire domestic worker for lost time.
When workers are unable to perform their normal duties and their employers cannot find alternative duties within their medical restrictions, then workers are entitled to temporary total disability benefits for their time off.
Step 6: The worker receives independent medical examinations.
Injured workers generally must visit an independent physician chosen by their employer.
Step 7: The worker’s attorney files a petition for arbitration.
If a worker does not receive the appropriate wage or medical benefits due from their employer, then that worker’s attorney may file a petition for arbitration. When a request for arbitration is filed, the dispute between the worker and his employer is resolved by an Arbitrator.
Step 8: The worker is discharged from medical care.
Doctors eventually determine that a patient has recovered as much as possible from an injury. When this conclusion is reached, the patient is released from medical care and does not need further treatment.
Step 9: The worker’s attorney negotiates the settlement.
Once an injured worker has completed medical treatment, an attorney can begin negotiating an appropriate settlement based on a review of all medical treatment that was necessary to treat the injury.
Step 10: Both the worker and the employer can file an appeal.
If any of the parties involved in the arbitration are not satisfied with the result, they may file an appeal. Appeals are first reviewed by a three-panel board of commissioners. After that, an appeal can be filed with the Circuit Court, the Court of Appeals, and possibly the Illinois Supreme Court.
