Know Your Rights

Q: Can I choose my own doctor?

Yes. Illinois law allows you to choose two doctors, plus any specialists they refer you to.

Q: What if my employer does not have insurance?

You can file a claim through the Injured Workers’ Benefit Fund with the Illinois Workers’ Compensation Commission.

Q: Do I get paid if I can only work light duty?

If your employer cannot offer suitable light duty, you may still receive temporary total disability benefits.

Q: How long does a claim take in Chicago?

Some claims resolve in weeks, but contested cases may take months or longer depending on hearings before the IWCC.

Introducción al tema

Workplace injuries happen every day across Chicago, from construction sites downtown to office jobs in the suburbs. Illinois law provides a system called workers’ compensation to ensure injured employees receive medical treatment and wage replacement. Many workers, however, do not understand the rules, the deadlines, or how employers and insurers may limit benefits.

This guide breaks down your rights under Illinois Workers’ Compensation Law (820 ILCS 305), how claims are handled, and what steps to take if you face resistance from your employer.

¿Qué es la compensación laboral? (What Is Workers’ Compensation?)

Workers’ compensation is a state‑mandated insurance system that covers:

Medical care needed for the injury.
Temporary total disability (TTD) if you cannot work.
Partial or permanent disability if your injury leaves lasting effects.
Vocational rehabilitation if you need retraining.

In Illinois, almost every employer must provide workers’ compensation coverage. The Illinois Workers’ Compensation Commission (IWCC) oversees claims and disputes.

Illinois Workers’ Compensation Commission – official site

Derechos de los empleados (Employee Rights in Illinois)

Under Illinois law, if you are injured on the job:

You have the right to medical treatment from a doctor of your choice (subject to the “two‑doctor rule”).
You must notify your employer within 45 days of the injury. Written notice is best.
You cannot be fired legally for filing a claim. Retaliation is prohibited.
You may appeal disputes before the IWCC if benefits are denied.

Employers must report injuries and cannot pressure you to avoid filing.

Responsabilidades del empleador (Employer Responsibilities)

Employers in Chicago and throughout Illinois must:

Carry valid workers’ compensation insurance.
Post notices about workers’ comp rights.
File accident reports when injuries occur.
Pay benefits promptly when claims are approved.

Failure to do so can result in penalties and fines under Illinois law.

Lawyer at desk with workers’ compensation paperwork and gavel.

Procedimiento de reclamo (The Claim Process)

Report the Injury – Notify your supervisor immediately.
Seek Medical Care – Follow up with authorized providers.
Employer Files Claim – Employers must notify their insurer.
Insurer Reviews – They approve or deny benefits.
Appeal if Necessary – Disputes are handled before the IWCC.

Deadlines are strict: claims must be filed with the IWCC within three years of the injury or two years from the last payment of benefits, whichever is later.

Beneficios disponibles (Available Benefits)

Medical Costs – Hospital, surgery, rehab, prescriptions.
Temporary Disability – 66 ⅔% of your average weekly wage.
Permanent Disability – Based on a schedule of injuries.
Death Benefits – Payments to dependents if a worker dies.

Details are in the Illinois Workers’ Compensation Act (820 ILCS 305).

Problemas comunes (Common Problems in Chicago Cases)

Employer disputes whether the injury was “work‑related.”
Insurer delays or denies medical care.
Pressure to return to work before recovery.
Incorrect wage calculations for benefits.
Employer retaliation despite legal protections.

In these cases, legal representation can make a significant difference.

Preguntas frecuentes (FAQ)

Q: Can I choose my own doctor?
Yes. Illinois allows two choices of doctor, plus any specialists they refer you to.

Q: What if my employer does not have insurance?
You can file with the Injured Workers’ Benefit Fund through the IWCC.

Q: Do I get paid if I can only work light duty?
If your employer cannot accommodate light duty, you may still receive TTD benefits.

Q: How long does a claim take in Chicago?
Simple claims may resolve in weeks, but contested cases may take months or more.

Don’t let your benefits be denied — dial (312) 421-2920 today.

Workers’ compensation law in Illinois is complex, but knowing your rights and understanding work safety laws help protect your health and livelihood. For guidance with your specific case, contact a qualified attorney.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney‑client relationship.

Workers’ Compensation in Chicago