Workers’ Comp FAQs
It’s normal to have questions about your legal claim. In fact, we encourage you to come ready with questions. That way, our attorneys can start to build a relationship with you by going through your questions and helping you get the information you need to make an informed decision.
From answering questions about workers’ compensation to the actual definition of what a workers’ compensation claim is in Illinois, we provide hands-on representation for our clients.
Below are some of the most common workers’ compensation questions we receive. If you have other questions or would like to schedule an appointment with one of our lawyers, please contact our firm at 815-216-9471.
Workers’ Comp FAQ
In Illinois, how long do I have to file a claim for a work injury?
In Illinois, an injured worker must file a claim with the Illinois Workers’ Compensation Commission within three years of the date the injury occurred (or within two years of the date of the last payment of a benefit made by the employer). An attorney at Gesmer & Reynolds, P.C., can represent your interests in your work injury claim.
Can I choose my own doctor for medical care after my injury?
In Illinois, an injured worker has the right to choose his or her own doctor for treatment from the time of the initial injury until all medical care is completed. Under the “two doctor rule,” an injured worker can select up to two doctors for treatment and care following a work injury. If a doctor refers an injured worker to another doctor(s), then the second doctor (and any subsequent doctor referral) is considered within the chain of the first doctor and not considered a choice.
What happens if my employer does not have light-duty work available while I’m on a restriction ordered by my doctor following a work injury?
Under Illinois law, an employer must pay a weekly benefit (known as temporary total disability) if the employer does not have light-duty work available to an injured worker prior to completion of all medical treatment. After all medical treatment is completed, if an employer cannot accommodate a permanent work restriction resulting from an injury, then the injured worker is owed ongoing maintenance benefits and job retraining.
Are repetitive activities on the job considered a work injury?
Illinois courts have long recognized that repetitive motion injuries qualify for benefits. For example, keyboarding is recognized under certain circumstances as causing carpal tunnel syndrome. Repetitive work above shoulder level has been recognized to cause rotator cuff pathology under certain circumstances. Repetitive lifting has also been found to cause and/or aggravate lower back and neck injuries. However, an injured worker who claims a repetitive work injury must prove each element of his or her case, including notice.
Can my employer fire me for filing a workers’ compensation claim?
No. Employers are prohibited from firing injured workers for exercising rights afforded to claimants. In addition, the Illinois Supreme Court has held that terminating an injured worker for filing a workers’ compensation claim violates public policy, and it is a recognized exception to Illinois’ at-will employment doctrine.