DLO / Tuesday, October 1, 2002 / Categories: Springfield Business Journal Article, Blog Post Illinois Workers' Compensation Act: What You Need To Know Whether you own or run a business or are an employee, chances are that you will eventually be faced with a workplace injury. Unlike some states, Illinois has special rules and procedures for such injuries. Prior to the passage of the Illinois Workers' Compensation Act, an employee injured at work had no remedy against the employer unless the employer was negligent in some manner. To correct this situation, the Legislature passed the Act which states that if an employee is injured and the injury arose out of or in the course of the employment, then the employee has a workers' compensation claim regardless of the employer's fault. Accordingly, the Act is characterized as remedial litigation, meaning it was passed by the Legislature to cure an existing inequity. To counterbalance these legislative enactments which no longer require a worker to prove fault, the Legislature in turn limited recovery for workers to only specified categories of benefits. Under the Act, employees are entitled to three (3) categories of benefits: Payment of all reasonable and necessary medical expenses to treat the injury. Payment of two-thirds (2/3) of their average weekly wage while the employee is unable to work, which is referred to as Total Temporary Disability (TTD) benefits. Payment of Permanent Partial Disability (PPD) benefits based upon the schedule of benefits under the Act. A person's average weekly wage is defined as the regular earnings of the employee for the 52 weeks preceding the injury. Generally, overtime pay is excluded unless it is consistent and regular over that 52 week period. Under the Act there are certain time limits that must be met. First, the employer must be notified, either orally or in writing, within 45 days of the accident. Second, a claim must be filed within 3 years of the date of the accident. There are some exceptions to extend the time to file a claim, but it is safer to file a claim sooner rather than later if you are an employee. Therefore, when a person is injured at work, she should first obtain medical treatment, then notify her employer of the injury, and finally see an attorney to determine what her rights are. If you are the employer, all such claims should be turned into your workers' compensation insurance carrier. As an employer, the law requires you to have such insurance as a general rule. The Act is entirely statutory and, therefore, the rights of recovery are specifically established under the Act. The Act identifies specific body parts for which there are a certain amount of weeks used to determine any recovery for disability. In determining disability, there are 2 key factors: the extent of disability and the PPD rate. The PPD rate is determined by calculating 60% of the average weekly wage up to a stated maximum, which is adjusted periodically. For example, if a person injured her leg (which has a rating of 200 weeks), had a 10 percent disability, and had an average weekly wage of $300, the recovery would be $3,600, which is calculated as follows: $180 (60% of $300) times 20 weeks (10% of 200 weeks). In addition to the specific body parts, there are other categories for loss of sight, loss of hearing, scarring, and other injuries. The Act states that an employee has a right to choose two (2) doctors to treat her for the injury and an employer has a right to an independent medical examination. Under the two (2) doctor rule any referrals by a previous doctor are not considered new doctors. For example, the employee sees Dr. A, the family practitioner. Dr. A refers the employee for an x-ray which is read by Dr. B. Dr. A then refers the employee to Dr. C, an orthopedic specialist. Dr. C then refers the employee to Dr. D, a pain specialist, for treatment. Although the employee has seen 4 doctors, under the 2 doctor rule the employee has only seen one doctor -- the family physician. If you are an employee and you suffer an injury at work, no matter how small it may seem to you, it is best to seek medical treatment and report the accident to your employer. If the injury is indeed a minor one, and can be treated with one visit to a doctor or an emergency room, all the better. However, if appropriate notice is not provided and a minor injury expands into a major injury, you may have forfeited your rights. If you are the employer, make sure you have appropriate insurance coverage and that all claims are immediately reported to your carrier. Special thanks to Patrick James Smith for his assistance with this article. Previous Article Bankruptcy: What It Means In The State Of Illinois Next Article Don't Be A Crime Victim Print 5348