Federal statistics show that each year, some 4 million Americans become ill or are injured on the job.

That cozy office cubicle could be an accident waiting to happen, with its tangle of computer wires or heavy boxes of files, which need to be lifted and placed into storage. Construction sites and jobs involving heavy labor are especially prone to workplace accidents.

Illinois workers who experience job-related injuries must be compensated under state law. The law applies not only to those injured in Illinois but also to those who were hired in Illinois but injured while working in another state, or injured while working in another state for an employer whose principle place of business is in Illinois.

Almost all employees are covered by the law from the moment they begin their jobs. In most instances, the law covers injuries that are caused, in whole or in part, by the employee’s work. A worker injured by the repetitive use of a part of the body is covered, as is a person who experiences a stroke, heart attack, or other physical problem caused by work. A worker who had a pre-existing condition may receive benefits if he or she can show the work aggravated that condition.

The law provides the following benefit categories:

• Medical care that is reasonably required to cure or relieve the employee of the effects of the injury
• Temporary total disability benefits while the employee is off work, recovering from the injury
• Temporary partial disability benefits while the employee is recovering from the injury but working on light duty
• Vocational rehabilitation/maintenance benefits for an injured worker who is participating in an approved vocational rehabilitation program
• Permanent partial disability benefits for an employee who sustains a permanent disability or disfigurement, but can work
• Permanent total disability benefits for an employee who is rendered permanently unable to work
• Death benefits for surviving family members

Illinois employers are responsible for the cost of workers’ compensation. Most employers are self-insured or carry commercial workers’ compensation insurance, and it is the insurance company that pays the benefits on the employer’s behalf.  

Workers’ compensation claims can be filed directly with the Illinois Workers’ Compensation Commission, but the commission must be impartial. Though its staff will explain procedures and basic provisions of the law, it cannot act as an advocate for either the employee or employer. For that reason, many who are injured on the job prefer to hire an attorney to represent them.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.