Workplace Injury — Illinois

Workplace Injury in Illinois — Your Rights Under Illinois Law

Illinois workers compensation covers most workplace injuries — but it may not be your only option. Third-party claims can provide significantly more compensation.

Statute of Limitations

Illinois workers compensation: report injury immediately. Personal injury claims against third parties: 2 years from the date of injury.

Illinois Workers' Compensation Act

Illinois requires employers with 1 or more employees to carry workers compensation insurance (820 ILCS 305/1 et seq.). Illinois provides medical treatment, temporary total disability at 2/3 of wages, and permanent partial disability benefits. Illinois also has a specific procedure for resolving disputes through the Illinois Workers' Compensation Commission (IWCC).

Illinois-Specific Tip

Illinois workers compensation disputes are heard by arbitrators at the Illinois Workers' Compensation Commission. Illinois has specific rules about choice of physician — you are entitled to one choice of treating physician and one referral. An Illinois workers comp attorney is recommended for any disputed claim.

📊 Illinois's workers compensation system processes tens of thousands of claims annually. Third-party claims are frequently overlooked but can dramatically increase total recovery.

What To Do After a Workplace Injury in Illinois

1

Report the injury to your supervisor in writing immediately

2

Seek medical attention immediately

3

File a workers compensation claim with your employer under Illinois law

4

Document all expenses, lost wages, and out-of-pocket costs

5

Evaluate whether any third party contributed to your injury

6

Contact a Illinois workplace injury attorney to evaluate all available claims

Frequently Asked Questions — Workplace Injury in Illinois

What workers compensation benefits does Illinois provide?

Illinois requires employers with 1 or more employees to carry workers compensation insurance (820 ILCS 305/1 et seq.). Illinois provides medical treatment, temporary total disability at 2/3 of wages, and permanent partial disability benefits. Illinois also has a specific procedure for resolving disputes through the Illinois Workers' Compensation Commission (IWCC).

Can I sue my Illinois employer for a workplace injury?

Generally workers compensation is the exclusive remedy against your direct employer. However you can still pursue third-party claims against any other party whose negligence contributed to your injury — contractors, equipment manufacturers, and property owners.

What if a third party caused my Illinois workplace injury?

Even if your employer carries workers compensation, you can sue any third party whose negligence contributed to your injury. These third-party claims can include pain and suffering damages that workers comp does not cover, and can be pursued simultaneously with a workers comp claim.

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