What are Workers' Compensation benefits?
Who is responsible for providing Workers' Compensation benefits?
What workers are covered by the Act?
Who pays for these benefits?
Is Carpal Tunnel Syndrome (CTS) considered a "work-related" injury under the Act?
What medical benefits am I entitled to after developing CTS?
Can I choose my treating doctor or hospital?
What benefits am I entitled to receive while I am off work?
Are there any deductibles, co-insurance payments or pre-set dollar limits that apply to the medical benefits provided by the Act?
When are T.T.D benefits paid?
Am I entitled to receive any benefits if after receiving treatment for my CTS, I return to work at my regular job?
Am I entitled to any benefits if I am unable to return to my previous job after receiving all necessary treatment for CTS?
Am I entitled to any retraining benefits if I am unable to perform my job?
Do I have to notify my employer that I developed CTS as a result of my work activities?
What happens if I fail to give my employer notice within forty-five (45) days?
Is completing an accident report form considered "filing" of my Workers' Compensation claim?
Do I have to "file" a Workers' Compensation claim within a specific period?
What happens if I fail to file this form within the "Statute of Limitations?"
Am I required to provide my employer or the Workers' Compensation insurance company with a recorded statement?
Am I required to submit to an examination by an insurance company doctor?
Is my employer legally required to inform me of my rights and benefits provided by the Act?
How can I protect my right to receive future medical treatment for my work-related CTS?
Can I receive Social Security Disability benefits as a result of developing work-related CTS?
Can my employer harass or fire me for filing for Workers' Compensation benefits?
If I hire an attorney to handle my Workers' Compensation claim, will I be suing my employer?
1. What are Workers' Compensation benefits?
A. In 1911, the Illinois Workers' Compensation Act was enacted to provide financial protection to any worker who sustains an on-the-job injury.
2. Who is responsible for providing Workers' Compensation benefits?
A. The employer provides benefits to the injured worker directly (self-insured) or through a Workers' Compensation insurance policy. These benefits are provided at no cost to employees.
3. What workers are covered by the Act?
A. Every worker whether injured in Illinois or hired in Illinois but injured while working in another state is covered by the Act.
4. Who pays for these benefits?
A. The employer is responsible for paying for these benefits. No part of the Workers' Compensation premium or benefits can be charged to the employee.
5. Is Carpal Tunnel Syndrome (CTS) considered a "work-related" injury under the Act?
A. Absolutely! The Illinois Supreme Court has ruled that "although Carpal Tunnel Syndrome develops gradually and not the result of a sudden mishap," it is still considered a work-related injury.
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6. What medical benefits am I entitled to after developing CTS?
A. You are entitled to receive 100% of "all reasonable and necessary" medical expenses incurred for treatment of Carpal Tunnel Syndrome. These include first aid, emergency room services, hospital care, (inpatient/outpatient) doctors fees, prescriptions, etc.
7. Can I choose my treating doctor or hospital?
A. Yes! You are entitled to treatment by two (2) doctors of your own choosing (excluding emergency room care), at your employer's expense. The Act further provides that you are entitled to receive treatment by doctors to which you were referred by either of your first two (2) choices (chain of referral).
8. What benefits am I entitled to receive while I am off work?
A. You are entitled to Temporary Total Disability (T.T.D.) benefits for the entire time that you are off work and under active medical treatment. The amount of T.T.D. is based upon 66-2/3% of your gross weekly wage (excluding overtime and bonuses) for the year preceding the date of accident.
9. Are there any deductibles, co-insurance payments or pre-set dollar limits that apply to the medical benefits provided by the Act?
A. No, as long as the medical expenses are "reasonable and necessary", there are no limitations or deductions, whatsoever.
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10. When are T.T.D benefits paid?
A. They are legally required to be paid within fourteen (14) days from the date you informed your employer that you have developed Carpal Tunnel Syndrome.
11. Am I entitled to receive any benefits if after receiving treatment for my CTS, I return to work at my regular job?
A. Yes, you could be entitled to receive compensation for partial permanent loss of use of your hand(s)/arm(s). This compensation is called "Partial Permanent Disability (P.P.D)," but is known as a "settlement or award of an arbitrator.
12. Am I entitled to any benefits if I am unable to return to my previous job after receiving all necessary treatment for CTS?
A. If you are no longer able to perform the responsibilities of your usual job and must therefore, accept a lower paying job, you could be entitled to benefits equal to two-thirds (2/3) of the difference between the average gross weekly wage you were earning before you developed Carpal Tunnel Syndrome and the wage you are now able to earn after exhausting all forms of treatment.
13. Am I entitled to any retraining benefits if I am unable to perform my job?
A. Yes! If you can establish through medical evidence that you are unable to return to the type of work you were doing when you developed Carpal Tunnel Syndrome, your employer may be responsible to pay for any and all re-training necessary for you to return to a position consistent with your physical limitations. You may also be entitled to receive weekly T.T.D. benefits during the re-training period.
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14. Do I have to notify my employer that I developed CTS as a result of my work activities?
A. Yes, you must notify your employer or any of your supervisors that you have developed Carpal Tunnel Syndrome (sustained an injury) as a result of your job. This notification must be within 45 days from the date you are diagnosed with work-related Carpal Tunnel Syndrome.
15. What happens if I fail to give my employer notice within forty-five (45) days?
A. Failure to properly notify your employer that you developed work-related Carpal Tunnel Syndrome could result in the loss of all the benefits provided by the Act.
16. Is completing an accident report form considered "filing" of my Workers' Compensation claim?
A. No, either you or your attorney, must file a form entitled "Application for Adjustment of Claim" with the Illinois Industrial Commission.
17. Do I have to "file" a Workers' Compensation claim within a specific period?
A. You must file a claim with the Illinois Industrial Commission within three (3) years from the date you were diagnosed with Carpal Tunnel Syndrome or within two (2) years from the last payment of T.T.D., which ever is later. This period is know as the "Statute of Limitations."
18. What happens if I fail to file this form within the "Statute of Limitations?"
A. If an Application for Adjustment of Claim is not filed with the Illinois Industrial Commission within the Statute of Limitations, you will loose your rights and benefits provided by the Act.
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19. Am I required to provide my employer or the Workers' Compensation insurance company with a recorded statement?
A. Absolutely not! There is no requirement in the Act that any information must be transmitted to your employer or their Workers' Compensation insurance company by a recorded statement.
Furthermore, any such recorded statement could be used against you by the attorneys for the Workers' Compensation insurance company as evidence to defeat or compromise your claim for benefits at a subsequent hearing before the Illinois Industrial Commission.
20. Am I required to submit to an examination by an insurance company doctor?
A. Yes. The Workers' Compensation insurance company is entitled to have you examined by a doctor of their own choosing at a reasonable time and place. They must pay for the examination. Failure to attend this examination could result in the interruption of your benefits.
21. Is my employer legally required to inform me of my rights and benefits provided by the Act?
A. Unfortunately, the Act does not require your employer or their Workers' Compensation insurance company to inform or advise you of your rights and benefits. Additionally, the Workers' Compensation insurance company adjusters can and frequently do make knowingly false statements.
22. How can I protect my right to receive future medical treatment for my work-related CTS?
A. By settling your claim with the insurance company for a lump sum, you are forever closing out your right to receive any future medical treatment for your Carpal Tunnel Syndrome. The only legal method for preserving your right to future medical treatment, is to have a hearing before an arbitrator of the Illinois Industrial Commission.
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23. Can I receive Social Security Disability benefits as a result of developing work-related CTS?
A. Yes, if you are disabled from working for a period of five (5) months and it is anticipated that your disability will continue for a prolonged period of time (one year or longer), you could be eligible for Social Security Disability benefits. If the above circumstances exist, it is advisable that you file an application for Social Security Disability benefits.
24. Can my employer harass or fire me for filing for Workers' Compensation benefits?
A. They better not! The Workers' Compensation Act specifically provides that it is unlawful for any employer to harass, discriminate against, fire or force to resign, any employee for exercising their rights under the Illinois Workers' Compensation Act. Employer's engaging in such unlawful conduct could be subject to being sued for substantial damages in the Circuit Court. This is known as a " retaliatory discharge " lawsuit.
25. If I hire an attorney to handle my Workers' Compensation claim, will I be suing my employer?
A. Absolutely not! Workers who develop Carpal Tunnel Syndrome as a result of performing their job responsibilities, are prohibited, by law, from suing their employers. It is your attorney's responsibility to "deal with" the Workers' Compensation insurance company and their attorneys to ensure that you receive the maximum Workers' Compensation benefits to which you are legally entitled.
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