The Worker's Compensation Act and its companion statute, the Occupational Diseases Act, are statutory remedies enacted by the legislature to benefit employees injured at work.

The first Worker's Compensation Act and Occupational Diseases Act was passed in 1911 and both of them continuously revised by the legislature ever since. Both the Worker's Compensation Act and the Occupational Diseases Act are designed to provide benefits and compensation to employees who are injured during the scope of their employment regardless of fault. The primary benefit of these statutes to employees is the fact that fault is not relevant in determining an employees rights under the Acts.

The Worker's Compensation Act and Occupational Diseases Act provide three main benefits to employees whose injuries come within their scope. The first benefit provided to employees is that an employee who becomes partially incapacitated from pursuing his usual and customary line of employment shall receive, subject to certain maximums, two-thirds of the amount he would have been paid during the period of temporary disability. That is, if an employee is unable to work while attempting to recover from his or her injuries, the Worker's Compensation Act provides that the employee shall receive two-thirds of his or her weekly pay if the injury is a covered injury.

The second benefit provided by the Worker's Compensation and Occupational Diseases Act is an award for permanent disability. The Worker's Compensation Act provides that if an employee sustains permanent injuries, he or she will receive additional compensation for these injuries. The last benefit provided by the Worker's Compensation Act is payment of reasonable and necessary medical bills for treatment of the covered injury. Unlike many states, the Illinois Worker's Compensation Act allows an employee to choose his own doctor, subject to some limitations, and requires the employer to pay the physician's bill for all treatment which was reasonable and necessary as a result of a covered injury.

The Worker's Compensation and Occupational Diseases Act also have separate provisions for employees who are unable to work following covered injuries. There are also separate provisions for employees who have covered injuries who are able to return to work, but unable to return to their prior job and incur a loss of income as a result of their inability to return to the previous job.

There are many issues in a Worker's Compensation case which can be technical and in which the advice of an attorney is beneficial. These issues include determining and providing the nature and extent of an injury, taking depositions, determining average weekly wages, statute of limitations or notice questions, dealing with an employer or their insurer to obtain fair compensation for an injury, conducting hearings and providing proper documentation of an injury. Delano Law Offices, P.C. is experienced in all these areas. Should you wish to discuss your case, please call 217-544-2703 to schedule an appointment.

For further information, please contact us at
(217) 544-2703.