Workers' Compensation: Illinois

Federal law and guidance on this subject should be reviewed together with this section.

Author: Nicole H. Farley, Fisher Phillips

Summary

• All Illinois employers that are covered by the Workers' Compensation Act are required to post the Illinois Workers' Compensation Notice in the workplace. See Notice Requirements.
• Workers' compensation is mandatory, employer-financed, no-fault insurance which ensures that employees disabled due to work-related injuries or diseases will be compensated for lost wages. Workers' compensation benefits also provide for necessary medical treatment to assist employees in returning to the workforce. See Covered Employers.
• Illinois employers are required to obtain workers' compensation coverage and can obtain such coverage through private insurance or self-insurance. No coverage options are available through the state. See Covered Employers.
• Most all employees are covered under Illinois workers' compensation law, with few exceptions, including independent contractors. See Covered Employees.
• Workers' compensation coverage may be provided to employees working under an employee leasing arrangement by either the employee leasing company or the lessee employer. See Covered Employees.
• Injuries and occupational illnesses arising from and in the course of employment are compensable. See Compensable Injuries.
• Employers may not be liable for certain injuries under specific situations. See Employer Defenses to Workers' Compensation Claims.
• Workers' compensation pays for all reasonable medical treatment of employees who are injured on the job. See Medical Benefits.
• Workers' compensation also provides pay in the form of wage replacement or other disability awards. See Other Benefits.
• Injured employees must notify their employer with 45 days of an accident. Any delay in the notification can delay the payment of benefits. See Claims Procedures.
• The law prohibits employers from terminating, punishing, or in any other way retaliating against an employee for filing or pursing a workers' compensation claim. See Retaliation and Interference.
• Illinois law provides for a claims dispute procedure. See Administrative Hearings and Court Proceedings.