Who pays for workers [no-lexicon]compensation[/no-lexicon]?

Your employer pays for workers’ compensation. Your employer cannot charge you for the insurance premium or benefits.

Most employers are required to buy workers' compensation insurance. The insurance company then pays you the benefits.

The state allows some employers to self-insure. This means the employer pays your benefits, not the insurance company.

To find out who pays for your benefits:

• Check your employer's workplace notice, which must be posted in the workplace,
• Visit the IWCC website, or
• Contact the Commission's Insurance Compliance Division toll-free at (866) 352-3033.

What if my employer does not have workers' compensation insurance?

If your employer does not have workers' compensation insurance, you should take action. You should send your employer's name, address, and the date of your injury to the Illinois Workers' Compensation Commission's Insurance Compliance Division. The Division can be reached at [email protected], at (312) 814-6611, or toll-free at (866) 352-3033.

If an employer does not carry workers' compensation coverage they can face fines and penalties.

What if my employer is not paying my benefits?

If your employer is not paying your workers' compensation benefits, you or your attorney should contact the employer directly. Poor communication often causes delays and misunderstandings.

If the problem continues, you should get an attorney. Your attorney should file a claim at the Illinois Workers' Compensation Commission. Your employer is required to report accidents to the Commission, but the Commission will not act until you file a claim.

What if my employer is ignoring my benefits award?

If the Illinois Workers' Compensation Commission (IWCC) awards you benefits, but your employer is not paying them to you, you can do one of the following:

• File a petition in the circuit court, asking the court to make your employer pay your benefits under Section 19(g) of the Illinois Workers' Compensation Act. You can also learn about filing court papers for free.
• File a petition with the IWCC for penalties for delay in payment. Fill out the information and remember to check one or all of the following boxes under Penalties and Fees:
  • Section 16,
  • Section 19(k), and
  • Section 19(l).
• Call the Consumer Services Division at (866) 445-5364 or (217) 782-4515.

It is recommended you get a lawyer to help you with this process. It can be difficult to do on your own.

How a worker wins a workers' compensation claim

When an employee files a claim, the employee must prove to the judge they have a good claim. The employee who files a workers' compensation claim must prove the following:

• The worker was an employee of the employer on the date of the accident,
• The employee was injured or exposed to a disease because of their employment,
• The injury was caused by or made worse by the incident,
• The employee notified the employer within the correct time limits, and
• If the injury is from everyday activities or movement. Then, the worker was at greater risk of injury than the public.

If the employee proves all of these, they will receive some benefit. But the employer can present arguments, such as:

• The extent of the injury,
• The average weekly wage amount, or
• The medical necessity of treatment.

Note that there are special rules for some occupations and health conditions. To see if you qualify, you may want to talk to a lawyer.

Need help getting information on workers' compensation?

For more information on getting workers' compensation benefits in Illinois, see the Workers' Compensation and Occupational Diseases Handbook.

You can also visit the Illinois Workers' Compensation Commission website.