Thousands of work-related injuries and illnesses occur each year in Illinois. With the amendments to the state’s Workers’ Compensation Act, many workers are left wondering what would happen if they were injured on the job. While the amendments mark a significant shift in the law, it is still state law that your employer’s insurance must extend benefits to cover for medical treatment and time away from work.
Workers should report any incidents promptly to their employer and union representative, as applicable. It is important to take photos of what occurred and write down the names and contact information of witnesses, if possible. The doctor and hospital staff should also be informed of exactly what occurred at the worksite so that the medical records accurately reflect what happened.
Some employees suffer from a repetitive trauma injury or disease that, unlike a fall, can take a long time before manifesting as a physical or medical problem. As soon as an employee becomes symptomatic, he or she should immediately notify their employer. Workers’ compensation laws do cover these types of issues, but workers have only 45 days after the injury manifests itself to report it to their employer.
The biggest adjustments to the Illinois Workers’ Compensation Act involve some points that workers should make themselves aware of:
Prior to the amendments, an injured worker was allowed to select up to two doctors from whom to receive treatment. The amendments permit an employer to set up a preferred provider program (PPP) that designates two doctors approved by the Department of Insurance. The employee is obligated to receive treatment from the designated doctors unless the employee opts out of the PPP. If an employee chooses not to use the PPP, he or she will only be entitled to select one doctor – rather than the two choices afforded them under the old law – from outside of the PPP network.
Reimbursements to hospitals and doctors who treat injured employees are decreased by 30 percent. As a result, the state’s medical society and patient advocates are concerned that doctors will stop treating workers’ comp individuals, thus delaying patient treatment.
For workers dealing with “permanent partial” disabilities, arbitrators will now analyze the severity of impairment according to American Medical Association (AMA) guidelines, evidence of the disability, future earning capacity, occupation and age. Opponents to this new guideline say the AMA rates impairment, not disability, and are raising concerns that a person’s injury or illness will not be properly categorized.
The amendments to the Workers’ Compensation Act changed many other aspects of the former law. Workers are strongly advised to seek legal counsel so that their case is presented in the strongest manner and all documentation is completed thoroughly within the time limitations.
Robert I. Briskman is a Chicago workers’ compensation attorney and Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.
