Workers' compensation in Illinois
Most Illinois workers who are hurt on the job are covered by the employer's workers' compensation insurance.
June 27, 2013
Workers' compensation in IllinoisArticle provided by Short & Smith PC
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The Chicago Tribune recently reported sad news, the tragic death of a worker at a construction site. Incidents like this are a reminder of the importance of workplace safety precautions and the need for workers' compensation coverage.
Accident under investigation
The construction accident happened at Northwestern University, where a Schaumburg construction company is under contract to build a $108 million structure to house the school of music. Work began in the fall of 2012 and will likely continue into 2015.
On the worksite an unsecured wooden beam fell six stories when a crane bumped into it and knocked it loose. The beam struck a 57-year-old worker, who was taken to a Chicago area hospital and pronounced dead from head and chest injuries.
In the case of serious workplace accidents like this, the Occupational Safety and Health Administration will conduct an investigation. OSHA representatives will be interviewing witnesses, including the employer and other employees. It may take up to six months for OSHA to finish its work on the incident.
Employee coverage
Most Illinois workers who are hurt on the job are covered by the employer's workers' compensation insurance. Illinois has participated in a workers' compensation program since 1911. Workers' compensation laws arose around the country to address the needs of both employers and workers. Businesses were concerned that injured workers would resort to expensive lawsuits against them, and workers were afraid of becoming disabled and unable to earn a livelihood.
Workers' compensation has evolved into a no-fault program that pays for medical expenses and some income replacement and does not allow workers to sue their employers.
Under Illinois law, almost all employers must provide this coverage. Employers who fail to purchase insurance are subject to stiff fines, starting at a minimum of $10,000. The state collected over a million dollars in fines from uninsured employers in 2011, according to the most recent annual report from the Illinois Workers' Compensation Commission.
The IWCC's figures show that about 200,000 accidents occur on the job in Illinois every year. These accidents result in about 50,000 workers' compensation claims. Generally, workers' compensation benefits will be awarded to cover medical costs arising from injuries that are at least in part caused by work. Injuries due to repetitive motion are covered, as are workplace injuries that aggravate a pre-existing condition.
People who are hurt at work must follow the right procedures to receive workers' compensation benefits, and if there is a dispute, they may need to provide convincing evidence about the injury. It is very useful to consult an attorney when filing a workers' compensation claim. An attorney will work diligently to protect the injured worker's rights to benefits.