Are you an Illinois state employee who was hurt on the job? Have you contracted an occupational illness or other chronic medical condition because of your workplace environment or your job duties?
Most Illinois workers, including state government employees, should have access to quality medical care after a workplace injury under the Illinois Workers’ Compensation Act. The Act is intended to provide employees with prompt access to health care and partial wage replacement benefits while they’re out of work healing from their injury or occupational illness.
Employees of the State of Illinois are covered by the same workers’ comp laws as employees of private employers and enjoy most of the same benefits the Act provides non-government workers. Unfortunately, they might also find it just as confusing to navigate alone. If you’re having trouble getting your claim approved, if your claim was denied, or if you simply don’t know where to start, you may benefit from the help of an experienced Illinois workers’ compensation attorney like the ones you’ll find at the Noll Law Office.
Daniel and Sarah Noll have deep roots in Central Illinois and are dedicated to handling the legal needs of its residents when they need it most. Let them help you pursue the benefits you’re entitled to. You can learn more about your legal options and ask questions in a free initial consultation with their attorneys. Don’t wait. Contact them today at (217) 414-8889.
Eligibility Criteria for Government Employees
Illinois state workers are eligible for workers’ compensation coverage, whether full-time or part-time, and coverage begins on the first day of employment. You must also meet the following criteria for worker’s comp benefits:
- You are a legal employee of the State of Illinois at the time of your injury (independent contractors, vendors, casual employees, and volunteers are excluded).
Your injury or occupational illness occurred as you were working your assigned job duties or otherwise acting on your employer’s behalf.
Your supervisor or Human Resources representative should be able to provide information about how to report a work-related injury or illness.
Understanding Your Workers’ Comp Rights as a Government Employee
As an Illinois state government employee, you have the right to file a claim for a workplace injury or treatment of an occupational illness or disease.
You also have the right to appeal a denied claim by filing a petition for a hearing before an Illinois Worker’s Compensation Commission Arbitrator. You can appeal the Arbitrator’s decision to a panel of Commissioners. However, state government employees lack one right that private employees have, which is the option to take your case to the Circuit Court if the panel of Commissioners affirms the claim denial.
Common Government Employee Injuries and Their Long-Term Consequences
Illinois government employees work in a broad range of jobs, from teachers to law enforcement, municipal workers like water services or trash collection, and service clerks at the Department of Motor Vehicles. Each of these jobs – and others – comes with its hazards.
If your state job involves working in an office, you could develop carpal tunnel syndrome from typing for hours a day without ergonomic support or neck issues if your desk, chair, and computer are set at an angle that causes neck strain. On the other hand, a community waste collection driver may have a higher risk of being involved in a car collision or could risk a crushed hand or fingers if they get caught in the truck’s pick-up mechanism. Law enforcement officers have even more of a risk for injury, especially when apprehending violent criminals.
Some common workers’ comp injuries include:
- Concussion or a traumatic brain injury from falling or being struck in the head
- Sprained wrist or ankle from a slip or trip and fall accident
- Broken bones or compression fractures
- Eye strain or diminished vision quality
- Partial or total hearing loss from loud equipment or machinery
- Repetitive trauma injuries in the shoulders or knees from repetitively lifting and moving heavy objects
- Back and spine injuries
Long-term consequences of a workplace injury often include permanently changed abilities. Even with occupational or physical therapy to help you recover from the initial injury, you may never regain the full use of your injured body part.
Filing a Workers’ Compensation Claim in Illinois
State workers file a workers’ comp claim in the same manner as other employees. But remember, your health and safety comes first. If you’re seriously injured in an accident, you should seek immediate medical attention, calling an ambulance if the injury is severe enough.
After any emergency medical needs are handled, take the following steps:
- Notify your employer. You must do so within 45 days of the accident or 45 days of your diagnosis of an occupational illness.
- Keep all documents related to the accident. This includes medical records and billing statements, an employer incident report, and proof of days you missed work because you were recovering.
- Comply with your medical directives. You could jeopardize your benefits eligibility if you don’t go to the follow-up appointments with your treating physician or specialist, don’t participate in physical therapy, or refuse to wear or use a durable medical device to help you heal, like a brace, sling, or rollator.
- Keep in touch with your employer. Make sure they know your progress and whether you can return to part-time or light-duty work as you recover. Your treating physician will provide a letter releasing you to light-duty work or to resume your full job duties. Then, you and your employer arrange your return to work date.
Workers’ Compensation Benefits for Government Workers
Illinois workers comp benefits for all covered, injured employees in Illinois include:
- Medical care. This includes treatment, surgery, medication, rehabilitative therapy, and lab work or scans.
- Vocational rehabilitation. If your injury prevents you from working in the job you had at the time you were injured, you may be able to participate in career retraining programs to help you find gainful employment you can do with your changed abilities.
The Illinois Workers’ Compensation Act also provides several types of disability benefits. The amount you receive depends on your average weekly wage, which is determined based on the wages you earned for the 52 weeks before the accident, but you will always receive at least the state minimum and cap out at the state maximum, which is updated every six months.
- Temporary Partial Disability(TPD). If you can work part-time or light duty as you recover, then you may collect a portion of the difference between what you earn now and what you were earning before.
- Temporary Total Disability(TTD). If you cannot work at all, then you can collect these benefits until you can go back to work.
- Wage Differential Benefits. If you are unable to return to your prior job and, because of your injuries, you take a job that pays less than your pre-injury wages, you could be entitled to a portion of the difference between your pre-injury wages and your current wages.
- Permanent Total Disability(PTD). If you cannot engage in gainful employment due to your injuries, then you may qualify for permanent, possibly life-long, disability benefits.
- Permanent Partial Disability(PPD) benefits are available if you suffered permanent impairment of a body part or system due to the accident. Based on a schedule included in the Workers’ Compensation Act, you could be entitled to a specific number of weeks of benefits depending on which body part has been impaired.
What Happens If Your Workers’ Comp Claim Is Denied?
State government workers have the right to file an appeal with the Illinois Workers’ Compensation Commission (IWCC).
You can request a hearing before an IWCC Arbitrator by filing a Petition for Immediate Hearing. Your petition should include evidence of why your claim should be approved and any new evidence you believe the Arbitrator should consider.
An Illinois government workers’ comp lawyer could complete your Petition for Immediate Hearing and build a case on your behalf. Your lawyer can represent you in the hearing and any subsequent oral arguments before a panel of Commissioners.
The IWCC has rigid deadlines for filing claims and appeals. If you miss the deadline, you could forfeit your right to file a claim or appeal a claim denial. A lawyer can facilitate the appeals process and help you learn what kind of evidence is appropriate for the hearing.
How Can the Noll Law Office Help?
Have you received a claim denial letter and are unsure what your options are? Are you having difficulty filing your claim? Has your employer delayed in approving a valid workers’ compensation claim? It may be time to get an attorney involved in your case. The skilled Springfield workers comp lawyers at the Noll Law Office fight for the rights of injured Illinois state employees, and they can advocate for you, too.
They will file your claim, appeal a denial, or represent you in a hearing before the IWCC. It’s important to act fast so you can get the benefits you need when you need them. Contact the office today at (217) 414-8889 for a free consultation with an experienced Illinois workers’ compensation lawyer for government employees.