IL Workers Comp Information

Find the latest news and information about Illinois workers compensation insurance.

In 2011, Illinois embarked on legislative changes and reform demanded by employer and business interest groups. The key provision of the plan limited access to doctors who were not participating in a new approved medical fee plan. The result was less cost associated with medical treatment.

Currently the cost of medical treatment has reduced significantly (approximately 30%) and the frequency of claims is down nearly 40%. This information is proof that Illinois Reform is working. More insurance companies are moving back in to the state as a viable option for coverage.

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About Workers Compensation in Illinois

Illinois Workers Compensation Commission

The Illinois Workers’ Compensation Commission is the State agency that administers the judicial process that resolves disputed workers’ compensation claims between employees and employers. The Commission acts as an administrative court system for these claims. As the administrative court system, the Commission must be impartial. Commission staff help explain procedures and basic provisions of the law to members of the public, but cannot provide legal advice or act as an advocate for either the employee or employer.

Legal Requirements for IL Employers

Employers are required to:

  • Purchase workers’ compensation insurance or obtain permission to self-insure from the Commission
  • Post a notice in the workplace. Employers can obtain this notice at http://www.iwcc.il.gov/forms.htm
  • Keep records of work-related injuries and report to the Commission those accidents involving more than three lost workdays
  • Employers are prohibited from:

  • Charging the employee for any part of the workers’ compensation insurance premium or benefits
  • Harassing, discharging, refusing to rehire, or discriminating against an employee for exercising his or her rights under the Workers’ Compensation Act
  • Illinois Penalties for Non-Compliance

    There are various provisions in the Workers’ Compensation Act that address this issue.

    Negligent failure to provide workers’ compensation insurance coverage is punishable by a Class A misdemeanor for each day without coverage (maximum 12 months imprisonment, $2,500 fine).

    Knowing failure to provide workers’ compensation insurance coverage is punishable by a Class 4 felony for each day without coverage (maximum 1-3 years imprisonment, $25,000 fine).

    An uninsured employer may also be subject to a civil penalty of $500 for every day it lacked insurance, with a minimum $10,000 fine.

    Employers without workers’ compensation insurance may be subject to a citation issued by the Insurance Compliance Division. The citation fine may range from $500 to $2,500.

    An uninsured employer loses the protections of the Workers’ Compensation Act for the period of noncompliance. That means an employee who was injured during the period of noncompliance may choose to sue in civil court.

    In addition, if the Commission finds that an employer knowingly failed to provide insurance coverage, it may issue a stop-work order and shut the company down until it obtains insurance.

    Qualifying for Workers Comp Benefits

    In order for an Illinois employee to qualify for workers comp benefits, they must prove each item below:

  • Jurisdiction: on the date of the accident, the employer was subject to the Illinois Workers' Compensation or Occupational Diseases Act
  • Employment: on the date of the accident, a relationship of employee and employer existed between the parties
  • Accident or exposure: the employee sustained accidental injuries or was exposed to an occupational disease that arose out of and in the course of employment
  • Causal connection: the medical condition was caused or aggravated by the alleged accident or exposure.
  • Notice: the employer received notice of the accident or exposure within the time limits set by law
  • When an employee prevails on these issues, he or she will generally qualify for some workers comp benefits, but there may be other issues in dispute. For example, the parties may disagree over the extent of the employee’s disability, or the employee’s average weekly wage, or whether the medical treatments and bills were reasonable and necessary.

    More Programs and Options

    We're always working with our insurance carriers to develop specialized programs for a broad range of industry class codes. Our Target Programs are designed to streamline the underwriting process and help ensure we offer the lowest rates available anywhere.

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    Illinois Work Comp Information

    IWCC Responsibilities

    Workers' compensation is a no-fault system of benefits paid by IL employers to workers who experience work-related injuries or diseases.

    The Illinois Workers' Compensation Commission (IWCC) resolves disputes between employees and employers regarding work-related injuries and claims. A case is first tried by an arbitrator, whose decision may be reviewed by a panel of three commissioners. Cases may then be appealed to the circuit court, Appellate Court, and Illinois Supreme Court. Like most court systems, the vast majority of disputes are resolved by settlement.

    Let Workers Compensation Shop.com help your business navigate workers comp insurance in Illinois.

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    Visit NCCI for more resources and information about workers' compensation class codes. Visit United States Department of Labor for more information about government agencies managing workers compensation insurance rates.

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