By GNGF on January 20th, 2023 in
- What is workers’ compensation?
- Workers’ compensation is a system of benefits provided by law to most employees who experience work-related injuries or occupational diseases. Generally speaking, in Illinois, benefits are paid regardless of fault.
- Are workers’ compensation benefits taxable income?
- No. Under state and federal law, workers’ compensation benefits are not taxable and need not be reported as income on tax returns. You should confirm this with your tax professional in case the law has changed since this was written.
- What must the employee demonstrate for the Commission to enter an order awarding benefits?
- It is the employee’s responsibility to prove that they are eligible for benefits. The burden of proof is on the employee to prove their case. The employer does not need to disprove the claim.
- Can I be fired for reporting an accident or filing a workers’ compensation claim?
- No. It is illegal for an employer to harass, discharge (fire), refuse to rehire, or discriminate in any way against an employee for exercising his or her rights under the law. If your employer did fire you based on filing a claim or reporting an accident, you may have the right to file a separate lawsuit for damages in circuit court. You should contact the Noll Law Office immediately if this applies to you. That said, an employee with a pending work comp claim may still be fired or disciplined for other lawful reasons.
- What are the consequences of a settlement contract?
- An approved settlement contract generally terminates the employee’s rights to any future medical benefits or future cash payments even if their condition gets worse. If you want to keep benefits open, the settlement contract should clearly state that. It is extremely important to review your settlement contract carefully.
- Who pays for medical bills under the Illinois Workers’ Compensation Act?
- Employers will pay the medical provider if they do not dispute the bill. Unless the service is covered under a group health plan, the employee is not required to pay co-pays or deductibles.
- Can the employer ask for an evaluation of the employee by its own doctor (also known as an “independent medical exam?” (IME)
- Yes. The employer may order a full examination of the employee by the doctor of their choice. If they are requesting this, contact the Noll Law Office immediately. The exam must be at a time and place reasonably convenient to the employee. Also, the employer must provide notice of the exam. The employer is responsible for reimbursing the employee for the expense of travel and meals. If the employee is required to miss work due to the IME, the employer must pay for the wages as well.