Disclaimer:
The information on this page is intended to help individuals,
but it cannot be construed as legal advice. As with any public
policy, there are a number of issues that the law and rules do
not address, and law is always subject to interpretation. The
Commission cannot offer individuals legal advice or offer advisory
opinions. If you need a legal opinion, we suggest you consult
your own legal counsel.
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TABLE OF CONTENTS
Basics
Where
can I learn the basics about workers' compensation?
What are the benefit maximums
and minimums?
Where can I learn about
the medical fee schedule?
Where can I learn about
workers' compensation insurance?
Where can I learn about
the Commission's self-insurance program?
Where can I find the awards for loss of body parts?
Where can
I find training programs on workers' comp or occupational safety?
What
is the history of workers' compensation?
How does the FMLA interact with workers' compensation?
IWCC Process
How
can I determine where my case will be heard?
May I create copies of Commission forms on my computer?
May I file documents at the Commission's downstate
offices?
What does it mean for a case to be above the
red line?
How much does a transcript cost?
What happens to arbitration decisions when they are appealed?
Why was my settlement contract returned to me without
being approved?
What are the various Commission timelines
I need to know?
How do I calculate the interest
due on arbitration awards?
What is voluntary binding arbitration?
What is the state mileage rate?
Can I contact my arbitrator or commissioner?
For
employers
What
does the Illinois Workers' Compensation Act require of employers?
For
employees
My injury occurred a long time ago. How come
the Commission hasn't sent me any money?
How come I haven't had a trial yet?
How do I find a lawyer?
My lawyer isn't treating me right. Can the
Commission help me?
The Commission resolved my case, but the insurance
company won't pay me. What should I do?
For
attorneys
What
is an attorney code number?
What
is the history of workers' compensation?
Workers'
compensation was the first social insurance enacted in the U.S.,
i.e., a government program where risks are pooled and benefits
are legally defined. Wisconsin passed the first constitutional
workers' compensation law in 1911, followed closely the same
year by Illinois.
The 1909
Cherry, Illinois coal mine fire, which killed 259 men and
boys, and the 1911
Triangle Shirtwaist Factory fire in New York City, which
killed 146 people, mostly women and girls, were instrumental
in the enactment of workers' compensation laws around the country.
In honor
of the 100th anniversary of the law, the International Association
of Industrial Accident Boards and Commissions created a blog
with 100 reflections from people who have worked in or been
affected by workers' comp. In addition, a national
centennial commission created a website with historical
information, including a great 10-minute
video of workers' comp history, created by high school students.
Click
here for a short time line of Illinois' w.c.
history. For a more detailed record of Illinois' w.c. legislation,
click here.
How
does the Family and Medical Leave Act interact with workers'
compensation?
There is
nothing in the Illinois Workers' Compensation Act that addresses
the FMLA. Because the FMLA is federal law, we do not administer
it and cannot advise individuals on it. For information, please
contact the
US Department of Labor.
How
can I determine where my case will be heard?
By
rule (Section 7020.50(b)), cases are assigned to the hearing site
closest to the site of the accident. If the accident occurred outside
of Illinois, the case is assigned to the site closest to the petitioner's
home; if the petitioner lives outside of Illinois, the case is set
at the site most convenient to the parties. The Accident
Location Table (as of 1/1/12) lists every town in Illinois
and its hearing site.
May I create copies of Commission forms on my computer?
Yes, if you
make sure they are reasonably exact copies of ours in regard to
wording, spacing, fonts, color of paper, etc. (Get as close as you
can.) If you make your own forms, you are responsible for
keeping them up to date. Improper forms will be returned to the
filing party.
Before you make
your own, check out our fill-in-the-blank forms on the Forms
page.
May
I file documents at the Commission's downstate offices?
Yes,
except briefs and payments for appeals to the circuit courts. If
you file an application or an original settlement contract, we cannot
immediately give you a case number, but we will date-stamp the form
to toll the statute of limitations.
What does
it mean for a case to be above the red line?
The Commission
draws a red line on documents to mark cases that are three
years old or older. The red line moves every three months, as shown
below.
| Date |
Red-Line
Cases |
12/1/2011 |
All
08 cases and older |
| 3/1/2012 |
09
WC 15000 and older |
| 6/1/2012 |
09
WC 30000 and older |
| 9/1/2012 |
09
WC 45000 and older |
| 12/1/2012 |
All
09 cases and older |
Section 7020.60
of the Commission rules allows an arbitrator to continue a case
for three years; after that time, the arbitrator shall set the case
for trial unless a party submits a written request to continue the
case for good cause. The request must be received at least 15 days
before the status call and contain proof of service on all parties
to the case. An objection to the request, with proof of service,
must be received by the arbitrator at least seven days before the
call.
The parties
to a red-line case must appear at the status call. If the petitioner
does not provide a written request and appear at the call, in the
absence of good cause the case shall be dismissed for want of prosecution.
Unless these provisions are met, the arbitrator shall set the case
for trial. If the petitioner fails to appear without good cause
on the trial date, the case shall be dismissed. If the respondent
fails to appear without good cause, the arbitrator may conduct an
ex parte hearing.
How
much does a transcript cost?
A
transcript is a written record of a trial. The cost of transcripts is negotiated for all State court reporters; please note the figures that appear in the WC Act are outdated.
Currently, parties
pay court reporters $3.15 per page for an original transcript. The first party to file
a Petition for Review is liable for the cost of the original
transcript. Copies cost $1 per page. Exhibits
cost $0.50 per page for 1-50 pages, $0.40 per page for 51-100 pages,
$0.30 per page for 101-200 pages, and $0.20 per page for over 200
pages.
Court
reporters are to issue regular transcripts within 60 days after
the date the Petition for Review was filed; transcripts for
fatal, PTD, and 19(b) cases are due within 30 days; transcripts
for 19(b-1) cases are due within 25 days. If a transcript is late,
please contact the Supervisor of Court Reporters, Linda
Freeman (312/814-5781).
Once a party orders a transcript, it is obligated to pay the court
reporter, even if the case is settled and the transcript is no longer
required. Payment is due within 30 days of the court reporter's
written request for payment.
If a pro se petitioner cannot afford to purchase a transcript, he or she can file a Section 20 petition on the Notice of Motion and Order form. (Check "Other" and write "Section 20.") If the Commission finds that the petitioner is a poor person, the Commission may order payment of the transcript. If the petitioner receives an award, the employer will subtract the cost of the transcript out of the award, and reimburse the Commission.
What happens
to arbitration decisions when they are appealed?
The petitioner
appeals an arbitration decision hoping for an increase in benefits,
but of those cases appealed by the petitioner, the commissioners
let the benefits stand or decreased the benefits in 76% of these
cases. Similarly, the respondent appeals in the hope of a decreased
benefit, but of the cases appealed by the respondent, the commissioners
did not decrease benefits 73% of the time.
| Review
Decisions Issued |
| Arbitration
decision
was appealed by: |
Worker
|
Employer |
Both |
Total |
| Affirmed |
72% |
66% |
38% |
65% |
| Reversed |
9% |
6% |
4% |
7% |
| Modified,
no change in $ |
0% |
1% |
1% |
1% |
| Benefits
increased |
15% |
6% |
33% |
13% |
| Benefits
decreased |
4% |
21% |
25% |
14% |
Fewer and fewer
cases go on to each level, as shown here.
| Decisions
and Appeals |
| |
Arbitration
Decisions
Issued |
%
Appealed |
Commission
Decisions
Issued |
%
Appealed |
Circuit
Court
Decisions
Issued (est.) |
Appellate
Ct.
Opinions/Orders
Issued |
Supreme
Ct.
Opinions
Issued |
| 2000 |
2,606 |
49% |
1,162 |
31% |
250-300 |
138 |
1-5 |
2005 |
3,578 |
52% |
1,054 |
28% |
250-300 |
106 |
1-5 |
2010 |
3,581 |
49% |
1,503 |
26% |
250-300 |
119 |
1-5 |
Figures for
the IWCC are by fiscal year; figures for the courts are by calendar
year.
Why was
my settlement contract returned to me without being approved?
We receive over
50,000 settlement contracts each year. Unfortunately, thousands
have errors in them and must be returned for correction. The most
common problems found in settlement contracts are listed below.
You can avoid delays by avoiding these problems.
| 1. |
There
is a computational error or the weekly benefit rate is incorrect; |
| 2. |
On contracts
reproduced by attorneys, the contract is not an exact copy of
the form in regard to wording, spacing, fonts, color of paper,
etc. |
| 3. |
The date
of approval by the arbitrator is already filled in; |
| 4. |
Signatures
are missing; |
| 5. |
There is
no return-to-work date; |
| 6. |
Attorney's
fees exceed 20%; |
| 7. |
Information
on the contract is altered and the parties failed to initial
and date the changes; |
| 8. |
Current
medical information regarding the petitioner's condition is
lacking; or |
| 9. |
Blanks
on the form are not filled in. |
To prevent other
problems from occurring, please keep the following points in mind:
| 1. |
Make
sure you send enough copies so the arbitrator can keep one more
than the number of cases covered on the contract. For
example, if two cases are closed on one contract, the arbitrator
will need to keep three copies. |
| 2. |
If you
want to receive a copy of an approved downstate contract, include
a self-addressed stamped envelope. |
| 3. |
If an arbitration
decision has been appealed, the arbitrator no longer has jurisdiction.
Take the contract to the assigned commissioner. |
What
are the various Commission timelines I need to know?
Click
here for a list of timelines. This list also appears
in the back of the bound copy of the Workers' Compensation Act,
distributed by the Commission.
How
do I calculate the interest due on arbitration awards?
Section 19(n)
of the Act provides that interest accrues
while an unpaid arbitration award is on appeal. If the worker
prevails on review, interest is due.
There are
a number of court cases that have ruled on the issue of calculating
interest, and we advise parties to consult the case law. The Commission
does not advise parties on how to make the calculation in individual
cases. If there is a dispute over the interest, the parties can
go to circuit court to enforce the award and/or file a petition
at the Commission for penalties if they feel the amount has been
incorrectly paid.
Please note
that Section 8.2(d) of the law provides for a 1% per month interest
charge on medical bills, payable to the medical provider. This
provision is in addition to the 19(n) interest provision.
What
is voluntary binding arbitration?
In voluntary
binding arbitration, the arbitrator’s action is considered
the final decision of the Commission. It offers a way to expedite
cases.
If the only
issues in dispute are TTD, PPD, or medical expenses, the parties
may agree to submit the case to voluntary binding arbitration
before one of the following arbitrators, who were recommended
by the Workers' Compensation
Advisory Board:
Arbitrator
Andros
Arbitrator Falcioni
To request
binding arbitration, submit Form IC36.
The case will be assigned to the arbitrator's next status call.
For more
information, see Section 19(p) of the Act
and Section 7030.100 of the rules.
What is the state mileage rate?
The Governor's
Travel Control Board sets mileage
rates for State offices.
State
Mileage Rate |
Cents
per Mile |
| January
1, 2011 - present |
51.0 |
January
1, 2010 - December 31, 2010 |
50.0 |
July
1, 2009 - December 31, 2009 |
55.0 |
July
1, 2008 - June 30, 2009 |
50.5 |
July
1, 2007 - June 30, 2008 |
48.5 |
Can
I contact my arbitrator or commissioner?
Contact
with arbitrators and commissioners should be limited to scheduling.
The best way to make contact is by sending an email with a
copy (“cc”) to the other party. Commission rules
(7020.10(b)) require that any correspondence addressed to
the Commission related to a pending matter must be sent to
all parties at the time it is sent to the Commission, and
must list the parties to whom copies have been sent. One-sided
or ex
parte communication is prohibited.
If you
must contact an arbitrator in person, you should appear at
a scheduled status call and give proper notice to the other
party in advance of appearing. If you must contact a commissioner
in person, you should appear at a scheduled review call and
give proper notice to the other party in advance of appearing.
Questions
relating to general procedures or case status should be directed
to the Public
Information Unit (312/814-6611; toll-free within Illinois
866/352-3033).
What
does the Illinois Workers' Compensation Act require of employers?
Employers
must:
| 1. |
Obtain
workers' compensation insurance; |
| 2. |
Post a
notice in each workplace that lists
the insurance carrier and explains workers' rights: |
| 3. |
Keep records
of work-related injuries and report
to the Commission those accidents involving more than three
lost workdays; |
| 4. |
NOT harass,
discharge, refuse to rehire, or in any way discriminate against
an employee for exercising his or her rights under the law; |
| 5. |
NOT charge
the employee in any way for workers' compensation insurance
premiums or benefits that the employer is required to pay.
|
My
injury occurred a long time ago. How come the Commission hasn't
sent me any money?
Employers
are responsible for the payment of benefits to eligible injured
workers. An insurance company may make the payments on the employer's
behalf.
How
come I haven't had a trial yet?
Once a claim
has been filed, the case is set on a three-month* cycle. Every three
months, the case is set for an arbitrator's status call. At the
call, the parties may request a trial or offer a settlement agreement.
If no action is taken, the case is continued for another three months.
This rotation continues for three years. At that time, the case
may be dismissed unless the parties show there is a good reason
to continue it. A flow chart illustrates
the entire process.
The vast majority
of disputes at the Commission are settled without ever going to
trial. On average, a settlement is approved about 1 1/2 years after
a claim is filed.
It is important
to realize that for the first three years, it is the parties' responsibility
to move the case along. Parties often need to wait, for example,
until the worker has reached maximum medical improvement. The Commission's
rules permit the arbitrator to allow cases to continue for three
years before encouraging resolution.
There is an
expedited process for emergency situations. If an employee is not
receiving cash or medical benefits, he or she may file a petition
under Sections 19(b) or 19(b-1) of the law.
* Effective 1/1/12, continuances change from two-month to three-month cycles.
How
do I find a lawyer?
People who want
to retain legal counsel may wish to ask friends for a recommendation,
or click here for a list of organizations that
refer attorneys.
The Commission
is the court in which disputes between employers and employees regarding
workers' compensation may be resolved. We must be impartial. Our
Information Unit will explain procedures at the Commission and the
basic provisions of the law, but we cannot offer individuals legal
advice.
My lawyer isn't treating me right. Can the Commission
help me?
We cannot resolve problems between injured workers and their lawyers.
Claimants have a number of options available to them: they may try
to improve their relationship with their lawyer; they may hire another
lawyer; or they may proceed without a lawyer.
We receive a number of calls concerning problems between lawyers
and their clients. We encourage lawyers to keep their clients informed.
We encourage claimants to educate themselves and follow the progress
of the case.
The Commission resolved my case, but the insurance
company won't pay me. What should I do?
Contact the
Consumer
Services Unit of the Illinois Department of Insurance (toll-free
866/445-5364 or 217/782-4515).
You may also
ask your attorney about penalties and attorneys' fees for delays
in the payment of compensation under Sections 16, 19(k), and/or
19(l) of the Act.
What
is an attorney code number?
The
Commission assigns a code number to attorneys who practice before
it and asks attorneys to enter the number on all documents they
file with the Commission. Instead of typing the attorney's
name and address every time we enter a case, the typist can
just type the code number.
If
you do not have a code number, please download our form,
fill it out, and email it to Yvonna
Castronova (312/814-6564).
We
are grateful to the attorneys who use these numbers. They prevent
errors and reduce our data entry time considerably.
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