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Several states have passed COVID-related presumption laws. California, Vermont, and Illinois are some of the states that have so far extended workers’ compensation presumptions to include COVID-19 for essential workers.
Under Illinois workers’ compensation laws, a worker may be qualified as permanently and totally disabled when injuries are so severe the worker can no longer perform any work duties.
Workers who develop post-concussion syndrome after suffering a work-related head injury may be eligible for workers’ compensation benefits.
When an employee is injured by a co-worker, the victim is entitled to workers’ compensation benefits as long as the negligent worker was acting within the scope of employment when the accident occurred.
Amendments to the Illinois Workers’ Compensation Act allows Illinois workers to sue their employers in civil tort actions for latent injuries that show up after the maximum time period of 25 years has expired.
Whole person ratings are often miscalculated, leading to reduced workers’ compensation benefits. Working with a work injury attorney can help ensure that workers are assigned appropriate whole person ratings based on the severity and nature of their injuries.
Most Chicago employers are required to maintain workers’ compensation insurance to compensate employees who are injured on the job or suffer work-related illnesses. Employers who knowingly fail to maintain this insurance can receive a minimum fine of $10,000 and $500 per day without insurance.
Employees are eligible for workers’ compensation benefits that cover on-the-job injuries and illnesses, but independent contractors are not eligible for benefits. Some employers misclassify workers as independent contractors instead of as employees, however, to avoid paying for expensive workers’ compensation insurance premiums.
Fraudulent workers’ compensation claims are more rare than portrayed in the media. Workers’ compensation reform advocates often rely on misleading reports, such as a Dateline special from 2009, that mischaracterize or fail to provide context of fraudulent workers’ compensation claims to push for tougher screening, higher premiums, and reduced benefits.
Workers’ compensation claims can be denied for any number of reasons. The following are among the most common reasons that Chicago workers’ compensation attorneys see when a claim is denied:
