How Does Workers’ Comp Work In Illinois? (2026)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
- Basics of Workers' Compensation in Illinois
- Who Is Eligible for Workers' Comp in Illinois?
- Steps in the Illinois Workers' Comp Claims Process
- Benefits Available Under Illinois Workers' Comp
- Independent Medical Examinations and Disputes
- What Happens if Your Claim Is Denied?
- How Long Does a Workers' Comp Claim Take?
- Why You Need an Illinois Workers' Comp Attorney
- Get Matched With an Illinois Workers' Comp Lawyer
Summary
- Illinois workers’ comp covers most employees, including undocumented ones
- After suffering an injury, you have 45 days to inform your employer
- The benefits you can receive depend on the specifics of your injury
If you sustain a work-related injury or illness and have to take time off to recover, you may wonder whether there are legal options that can compensate you for your losses. For most people, the next step is to begin the workers’ comp claim process. But how does workers’ comp work in Illinois?
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Basics of Workers' Compensation in Illinois
Workers’ comp is a type of no-fault insurance that most employers carry in the state. To be able to receive the benefits it offers, you have to show that the injury you suffered occurred as a result of performing your work duties.
You don’t have to prove that your employer was negligent, however, or that they were in any way wrongful in their conduct.
Who Is Eligible for Workers' Comp in Illinois?
Almost all employees in Illinois are eligible for workers’ compensation. This includes full- and part-time employees, as well as seasonal workers. The state offers undocumented workers this coverage as well, as part of the Illinois Workers’ Compensation Act. Independent contractors, farm laborers and sole proprietors are generally excluded.
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Steps in the Illinois Workers' Comp Claims Process
When considering how to file workers’ comp claims, the first step is to get medical care. This will ensure you are getting the immediate treatment you need while also leaving a record of the injury or illness and the future care that you will need to receive.
Notify your employer of the injury within 45 days of being hurt. Not doing so could mean being barred from recovering losses.
Your employer will then file the claim. The Illinois Workers’ Compensation Commission has 30 days to make a decision. If they approve the claim, you can start receiving the benefits. If the claim is denied, however, you can rely on a workers’ compensation lawyer to file an appeal.
Benefits Available Under Illinois Workers' Comp
So how does workers’ comp work in Illinois in terms of benefits? Under Illinois workers’ comp, you can receive coverage for necessary medical expenses, as well as compensation for lost wages. You can obtain temporary total disability if you can’t work at all, which pays ⅔ of your average weekly wage.
If you can work in a reduced capacity, you can receive temporary partial disability benefits. These provide ⅔ of the difference between what you earned before and after the injury you sustained.
Permanent partial disability applies if you lose the use of a body part or if you suffer some form of permanent damage. Permanent total disability, on the other hand, applies if you cannot work at all.
Additionally, you may have access to vocational rehabilitation if you need job retraining. The family of a worker who dies may be entitled to death benefits.
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Independent Medical Examinations and Disputes
Your employer and their insurer have the right to send you to receive a second opinion on your condition. They can do this via an independent medical examination. It’s performed by a non-treating doctor.
If the doctor who conducts the independent medical examination and the treating doctor disagree, it may be necessary to schedule a hearing as part of a dispute resolution process.
What Happens if Your Claim Is Denied?
If your claim is denied, you have the right to file an appeal. You can request a hearing, where you can present your claim again.
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How Long Does a Workers' Comp Claim Take?
Some workers’ comp claims are settled in a matter of weeks, while others can take months. The complexity of the case will play a role, along with whether there are disputes regarding the severity of the injuries and whether you can work.
Why You Need an Illinois Workers' Comp Attorney
Just as you would rely on an Illinois personal injury lawyer to file a personal injury claim, you need an attorney experienced in workers’ comp proceedings to give your claim a chance to succeed. Your lawyer will know how to clearly present evidence that shows you deserve benefits, and they will be able to negotiate with insurance companies more effectively.
Legal representation is invaluable if your claim is denied. Your attorney can file the appeal as quickly as possible and assist you in preparing for the hearing.
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Get Matched With an Illinois Workers' Comp Lawyer
After suffering a work-related illness or injury, getting assistance from an experienced attorney is essential. At ConsumerShield, we can connect you with dependable attorneys in your area so that you can start fighting for your rights. Contact us to take the next step in filing a workers’ compensation claim today.
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Frequently Asked Questions
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Like personal injury lawyers, workers’ comp attorneys don’t charge any upfront fees. They work on contingency, which means they don’t get paid unless they’re able to win the claim for you. They will receive a percentage of the settlement.
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Almost all employers, including small businesses, are required to have this type of insurance. They must offer it to their employees from their very first day of work.
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No, workers’ comp does not address pain and suffering and other similar losses. It focuses on providing coverage for medical expenses and lost wages.
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No, workers’ comp protects the insurer from being sued for work-related injuries. You may, however, be able to begin a lawsuit against a third party if they were responsible for your injuries. You can file this at the same time as a workers’ comp claim.
