Filing a Workers’ Compensation Claim in Illinois:

Following an injury on the job, seek medical attention immediately.

As soon as you are physically able, notify your employer of the accident or injury. If notification isn't made within 45 days of a work accident, you may forfeit your right to workers' compensation benefits. Notice may be given orally or in writing, but must be made to a person in a management position, not a co-worker.

In addition to notifying your employer, you must file a claim with the Illinois Workers' Compensation Commission. By filing a claim you protect your right to receive benefits, including medical treatment and disability payments for time you cannot work.

If your injury on the job has left you unable to work for three consecutive days, your employer must either begin paying you benefits, explain in writing what additional information is required before benefits can be paid, or provide written explanation of why benefits have been denied.

Workers' compensation in Illinois is a no-fault law. You are eligible to receive benefits even if your actions contributed to your injury or occupational illness.

Illinois Workers’ Compensation Treatment:
An injured employee is entitled to medical treatment, at no cost, to cure and relieve the effects of his/her work injury. The injured employee is not required to treat with a company doctor, but can seek out a doctor of his or her choice.

Illinois Waiting Period:
The waiting period for compensation benefits after your injury is three days. ( For temporary total disability only )

Compensation is retroactive if disability continues 14 days or more from the date of injury.

Illinois Workers’ Compensation Benefits:
Temporary Total Disability Benefits - If a doctor finds that an injured employee is unable to work while being treated for his/her injuries, he or she may be entitled to temporary total disability benefits. The employer's Illinois Workers Compensation insurance carrier is required to pay the injured employee up to two-thirds of their salary (with established maximums depending upon the date of injury) while they are at home recuperating from their industrial injury. 

Permanent Partial Disability Benefits - Once an injured employee is released from a doctor’s care, he/she may be entitled to permanent partial disability benefits. How much an injured employee will receive is determined by the part of the body that is injured, the extent of the injury, the average weekly wage the employee was earning for the 52 weeks preceding the accident and any work restrictions as determined by a medical professional.

Vocational Rehabilitation - If the doctor finds that an injured employee is not able to return to his or her pre-injury occupation, the injured employee may be entitled to vocational rehabilitation at no cost to the employee. Vocational rehabilitation is a program designed to assist an individual in returning to gainful employment or by providing a retraining program designed to help an individual acquire skills necessary to return to suitable employment.

Permanent Total Disability Benefits - If an employee is injured to the extent that he or she is unable to return to any type of gainful employment despite an attempt at vocational rehabilitation, then the employee is entitled to weekly benefits (two thirds of the average weekly wage but capped by a scheduled weekly maximum) for life.

Death Benefits - If you were a total or partial dependent (one who relied upon another for financial support) of an employee who died as a result of a work injury, you may have the right to recover certain benefits, including burial expenses and weekly benefits

Illinois Workers’ Compensation Contact Information.
Amy J. Masters, Chairman
Illinois Workers’ Compensation Commission
100 West Randolph Street
Suite 8-200
Chicago, IL 60601
(312) 814-6611 (312) 814-6611

NOTICE: These questions and answers concern Illinois law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.