How Do I Receive Workers’ Compensation for Job-Related Injuries?

 Posted on May 23, 2026 in Workers' Compensation

Accidents happen, and if you have been injured or fallen ill at work, you have to consider how you will pay all your medical bills. If your injury or work-related illness keeps you from working, your situation can become even worse. You might also have some reasonable fears about bills piling up. Fortunately, you may qualify for workers' compensation. However, in order to receive these benefits, you must follow the proper procedures.

At McNamara Phelan McSteen, LLC, our Will County, IL workers’ comp attorneys can help you seek payment for injuries suffered on the job. With over 150 years of combined legal experience, our firm can guide you through the process with confidence.

What Qualifies As a Work-Related Injury or Illness in Illinois?

According to the Illinois Workers’ Compensation Act, workers’ compensation covers a wide range of issues affecting employees. An injury from an accident at work is an obvious example. However, some people may not realize that workers’ comp can cover injuries brought on by repetitive motions during job duties. Workers’ comp can also address a pre-existing condition that got worse due to work conditions.

Most employees in Illinois are covered by workers’ compensation. Workers’ compensation is usually a no-fault system. This means you qualify even if the accident was not caused by unsafe conduct by your employer. In many cases, you also qualify even if you made a mistake that led to the injury.  The main question is usually whether the injury or illness happened because of your work.

Steps To Apply for Workers’ Compensation in 2026

To qualify for workers’ compensation, you should seek medical attention as soon as possible to assess your injuries. Medical treatment can demonstrate that your injury was work-related, making it harder to dispute. Your employer must, by law, cover the costs of necessary appointments and procedures for any work-related injury. You will need to inform your employer of your condition within 45 days of the incident. Your employer must report any accidents that keep you from work for multiple days.

After you tell your employer about the injury, you will usually need to file a workers’ compensation claim with the company’s insurance carrier. Your employer may give you forms to complete, or the insurance company may contact you directly.

The claim will include information about how the injury happened, when it occurred, what body parts were hurt, and what medical treatment you have received so far. It is important to give accurate information and keep copies of all paperwork connected to your claim.

In Illinois, you generally have three years from the date of the injury to formally file a workers’ compensation claim, though shorter deadlines may apply in some situations. Waiting too long can put your benefits at risk. Even if your employer already knows about the injury, you should still make sure the claim process is moving forward properly.

Disability Benefits in Illinois Workers’ Compensation Cases

If your work injury keeps you from doing your job, you may qualify for disability benefits through workers’ compensation. These benefits can help replace part of your lost income while you recover.

Disability benefits are usually calculated based on a percentage of your average weekly wages before your injury or illness prevented you from working. Temporary total disability may apply if you cannot work at all for a period of time. Temporary partial disability may apply if you can work, but only in a limited role that pays less than your regular job.

Some workers also suffer lasting injuries. If your injury causes a permanent loss of use, you may qualify for permanent partial disability benefits. If you can never return to work in any capacity, permanent total disability benefits may apply. The available benefits depend on your medical condition, your work restrictions, and how the injury affects your livelihood.

When Can I File a Third-Party Injury Lawsuit in Illinois?

Even if you do everything by the book, you still might not be compensated fairly for your injuries or work-related illness. Legal action may need to be taken in order to ensure that you are not left in the cold with missed wages and/or permanent health conditions that have made you unable to continue with your job.

In some cases, another company or person outside of your employer may also be responsible for what happened. This is called third-party liability. A third-party claim may allow you to seek compensation beyond workers’ compensation benefits. Notably, this includes payment for pain and suffering. Possible third-party liability may involve:

• A driver who caused a crash while you were working
• A manufacturer that made defective equipment or unsafe machinery
• A subcontractor or outside company working at the same job site
• A property owner who failed to keep the area reasonably safe
• A maintenance company that failed to repair dangerous equipment
• A company that sold defective safety gear or tools
• A trucking company whose employee caused a work-related accident

These cases can become complicated quickly, especially when multiple insurance companies are involved. Our attorneys are here to assist with filing a claim.

What Can I Do if My Workers’ Comp Claim Is Denied?

A denied claim does not always mean the case is over. Insurance companies may deny claims for many reasons. They may argue that the injury was not work-related, that you missed a deadline, or that your medical records do not support the claim.

If your claim is denied, you should save every letter, email, medical bill, and record connected to the case. You may need to file a claim with the Illinois Workers’ Compensation Commission. Our firm can review the denial, gather evidence, speak with doctors, and represent you at hearings.

Contact Our Will County, IL Workers’ Compensation Attorneys

At McNamara Phelan McSteen, LLC, our lawyers are knowledgeable and ready to help with your work injury case. When it comes to your livelihood, it helps to have an experienced Joliet, IL workers’ compensation attorney on your side. Call 815-727-0100 to make an appointment for a free consultation and discuss your options.