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Illinois Workers Compensation
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By Heidi Turner
Illinois workers' compensation is a system of benefits paid to employees who suffer from work-related illness or injury. Because it is a no-fault system, employees covered by Illinois workers' compensation are generally paid regardless of who is at fault for the injury or illness. Covered by these Illinois workers' compensation laws are almost all employees who work in Illinois, from the moment they begin a job.
Under Illinois Workers' Compensation laws, employees who suffer an injury or illness as a result of their job are eligible for workers' compensation benefits to cover medical care, temporary total disability, vocational rehabilitation, permanent partial disability, permanent total disability and/or death benefits. Employers in Illinois are required to provide workers' compensation benefits to their employees and cannot discriminate or retaliate against any employee who exercises his or her workers' compensation rights.
Employees who are injured on the job must notify the employer no later than 45 days after the accident, or 90 days after exposure to excessive radiation. In cases where the employer refuses to pay benefits or cancels benefits early, employees can file a claim with the Illinois Workers' Compensation Commission. In order to do so, however, the employee must follow specific procedures. Employees may hire attorneys to represent them before the Commission.
Workers' Compensation Claims In August 2016, the Illinois Appellate Court ruled that Illinois Workers' Compensation should pay Scott Moran, a senior fire official who filed a claim linked to post traumatic stress disorder (PTSD), after a fellow firefighter died during the line of duty. Prior to that, an arbitrator and the Illinois Workers' Compensation Commission ruled that death is one of the risks of being a firefighter and because Moran did not suffer physical injuries linked to the fire and did not see the firefighter actually injured, he was not eligible for benefits.
But Moran argued that because he was in command of the incident when the fatal injury occurred, he suffered from severe emotional shock and PTSD. The Illinois Appellate Court agreed with Moran and reversed the commission's decision.
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Illinois Workers' Compensation Laws
Employees who are injured on the job must notify the employer no later than 45 days after the accident, or 90 days after exposure to excessive radiation. In cases where the employer refuses to pay benefits or cancels benefits early, employees can file a claim with the Illinois Workers' Compensation Commission. In order to do so, however, the employee must follow specific procedures. Employees may hire attorneys to represent them before the Commission.
Workers' Compensation Claims In August 2016, the Illinois Appellate Court ruled that Illinois Workers' Compensation should pay Scott Moran, a senior fire official who filed a claim linked to post traumatic stress disorder (PTSD), after a fellow firefighter died during the line of duty. Prior to that, an arbitrator and the Illinois Workers' Compensation Commission ruled that death is one of the risks of being a firefighter and because Moran did not suffer physical injuries linked to the fire and did not see the firefighter actually injured, he was not eligible for benefits.
But Moran argued that because he was in command of the incident when the fatal injury occurred, he suffered from severe emotional shock and PTSD. The Illinois Appellate Court agreed with Moran and reversed the commission's decision.
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LL WORKERS COMPENSATION LEGAL ARTICLES AND INTERVIEWS
Duality Observed in Illinois Cause for Confusion, but Plaintiff Benefits Nonetheless
July 30, 2017
Chicago, IL: A unique Illinois Workers Compensation lawsuit has been quietly percolating through the courts of Illinois. At stake are two claims for workers compensation benefits filed by a personal assistant for an individual with disabilities. At the heart of the Illinois denied workers compensation claim, is an interpretation under Illinois law as to who is, or is not an employee of the state. READ MORE
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