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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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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:

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

Employers are prohibited from:

  1. Charging the employee for any part of the workers’ compensation insurance premium or benefits
  2. 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.





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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.

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Learn more about workers compensation insurance in Illinois Work Comp:   Illinois | IL Programs| IL Rates | IL Forms | IL Info | IL Quotes
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Whether you're a new business owner looking for your first policy, or you're a seasoned business veteran looking for better rates in a touch industry, we take the time to understand your operation and insurance needs. Then we get to work negotiating the very best deal on your workers compensation coverage.

For the most accurate information about workers comp insurance in Illinois, give one of our workers compensation Specialists a call at 888-611-7467, or start your quote here online.

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