Accidents can and do happen on the job, regardless of the occupation or workplace environment. According to Illinois law, if you are injured at work, you can file a workers’ compensation claim. This claim means you cannot sue your employer for an injury you suffer performing your job, even if your employer’s negligence caused your injury. Alternatively, when someone else who is not your employer is at fault for your work-related injury, you may sue him or her for wages lost or medical bills caused by his or her negligence. These types of claims against an individual or another company that caused a workplace injury are called “third-party claims.”

Understanding Third-Party Liability

Illinois has a no-fault workers’ compensation system, meaning it does not matter if the employer or employee is to blame for the injury. If an employee suffers a serious injury at his or her workplace in Illinois, he or she can file a workers’ compensation claim with the Illinois Workers’ Compensation Commission. Benefits can include temporary or permanent disability payments, as well as coverage for medical bills and lost wages.

Workplace injuries can also occur due to no fault of the worker or the employer, but instead because of another person’s or entity’s actions or inactions. Under these circumstances, the injured employee can file a liability lawsuit against the at-fault third party and seek damages. Compensation can be for lost wages if the employee cannot return to work for a period of time, and also medical costs, disability, disfigurement, in addition to pain and suffering. In some cases, it may be appropriate to file both a workers' compensation claim and third-party lawsuit.

Accidents can and do occur at companies and job sites even if every safety precaution is taken. In Illinois, workers’ compensation benefits can help cover medical expenses and lost wages if a worker is hurt while on the job. The majority of workplace injuries involve an employee eventually returning to work after he or she is healed. In certain accidents, however, a worker may sustain injuries so severe that they cause permanent restrictions or disability. If you are permanently disabled as a result of a catastrophic work injury, disability benefits might help you reclaim your life.

Types of Permanent Disability Benefits in Illinois

According to Illinois law, there are two different types of permanent disability benefits depending on the consequences of an injury. Employers are required to pay permanent partial disability (PPD) benefits to an employee who is impaired or disfigured in some way while performing his or her job but who is still able to work in a limited capacity. Sometimes surgery will repair or correct an injury, and the worker can go back to his or her job after attending a rehab facility or doing physical therapy.

Permanent total disability (PTD) benefits are for an employee who is permanently unable to work in any capacity. With extreme cases, amputation may be necessary if a body part has been severed and cannot be reattached. If an employee loses both hands, arms, feet, legs, eyes, or any of these two body parts, that constitutes permanent total disability. This also applies if there is permanent and complete loss of the use of those body parts.

Accidents happen, and if you have been injured or fallen ill at work, you may be wondering how you are going to pay all your medical bills. If you are unable to work due to your injury or work-related illness, this can compound your issues, and you are probably worried about the bills that are piling up. Fortunately, you may qualify to receive workers' compensation, but in order to receive these benefits, you must follow the proper procedures. 

What Qualifies As a Work-Related Injury or Illness

According to the Illinois Workers’ Compensation Act, workers’ compensation covers a wide range of issues affecting employees. An injury due to an accident at work is an obvious one, but some people may not realize that they may also be able to receive workers’ comp for gradual injuries, such as those caused by repetitive motions when performing job duties, a heart attack brought on by mental or physical stress at work, or worsening of a pre-existing condition due to work conditions. 

Steps to Take Advantage of Workers’ Compensation

In order to qualify for workers’ compensation, you will need to see a doctor or go to a hospital, as needed, in order to assess the situation and show that it is work-related. If it is, your employer must, by law, cover the costs of your appointments and procedures. So that you can get that coverage, you will need to inform your employer of your condition within 45 days of it happening. Your employer must report any accidents that keep you from work for multiple days.