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What Laws Govern Workers’ Compensation?

Daily Legal Briefing by Daily Legal Briefing
September 20, 2022
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What You Need to Know About Workers’ Compensation in Illinois
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In most cases, your employer must pay all the costs associated with your injury or illness.


Workers’ compensation laws are rules that help protect you when you get injured or sick on the job. This is valuable because it means your employer has to pay for any medical expenses if you need time off work to recover. You don’t have to prove that your injury or illness started at work, and you don’t lose any rights under workers’ comp law if your boss is unhappy with how you perform at work. Here are some laws that govern workers’ compensation.

1. Employees Have to Give Notice of Injury or Illness

Employees must give notice of a workers’ comp claim as soon as they should reasonably know that they’re injured. This is when you seek medical care or treatment. The reason employees have to notify workers’ comp right away is so that the case can be handled efficiently and timely.

2. Employer Should Not Ask for Confidential Medical Information

Employers are not allowed to ask for your confidential medical information from the doctor or health care provider you’re receiving treatment. They also can’t deny a claim because of your medical treatment. Additionally, your employer cannot require that you answer any questions about your condition or prognosis. This will prevent your employer from having too much information, allowing them to deny or terminate your claim if they find out too much information.

3. Employer Must Pay for Medical Treatment

In most cases, your employer must pay all the costs associated with your injury or illness. These costs include medical treatment and, to the extent, lost wages and benefits. This can be costly for an employer, but it’s part of doing business. Your employer should be able to avoid paying medical bills by keeping you safe and preventing injuries from happening in the first place.

Medical Records are Often Incorrect & Missing Information
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4. Workers’ Compensation Doesn’t Require a Specific Workplace Accident to Occur

You don’t need to prove that the injury or illness occurred at work for your employer to be held responsible for workers’ comp. In some cases, you can receive compensation even if the injury happened on your way home from work or if the cause of the damage is unknown.

5. Workers’ Compensation is a Statutory Right

Workers’ compensation is a statutory right under the law. This means that workers’ comp is not optional. Your employer cannot opt-out and must follow the laws stated in their state legislature. In most cases, your employer has an insurance company they rely on, which handles everything for them. Your employer should not be involved in your case unless you have questions about something you can’t resolve with their workers’ compensation insurance company.

6. Employee Must Provide At Least 30 Days’ Notice of Injury or Illness

In most cases, you must give you at least 30 days’ notice of an injury or illness. This is a minimum requirement, and it has been enforced since 1977. If you’re injured, it’s best if you give them more than 30 days so that they have time to plan for any medical care that you might need in the future. They cannot sue you for not providing enough notice.

Workers’ compensation laws are important because they help protect workers. They also are a set of rules that show that you have rights in the workplace, especially when you’re injured or sick. When you get hurt at work, it might be hard to prove that your employer’s negligence caused your injury. But with workers’ compensation, your employer should not be able to deny your claim, and they must pay for all medical expenses related to your injury or illness. For more information, read here to understand workers’ compensation laws.



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