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Workers' Compensation Defense

Illinois' Workers' Compensation Act

The Illinois Workers' Compensation Act ("Act") provides statutory "insurance" to a worker who suffers an injury. The Act provides four types of benefits:

  1. Medical payments,
  2. Temporary total disability,
  3. Permanent partial disability, and
  4. Rehabilitation payments.

In cases where injuries are not fatal, the Act requires that an employer provide and pay for all necessary first-aid, medical and surgical services and all necessary medical, surgical and hospital services subsequently incurred that are reasonably required to treat the effects of the injury. The Act also provides that the employer shall pay for treatment, instruction and training necessary for the physical, mental and vocational rehabilitation of the employee that includes all maintenance costs and expenses. If an employee is unable to be self-sufficient due to an injury, the employer also must pay for such maintenance or institutional care as shall be required. In the unfortunate event an employee is completely disabled for a period of time, the employee is entitled to a temporary total disability benefit in an amount of 66.67% of his or her regular pay for that period of time. Permanent partial disability benefits result from permanent partial impairment of the employee, and are the most difficult to quantify. For example, loss of all or part of an appendage, bone fractures, herniated lumbar discs with surgery, and hearing loss will all result in a permanent partial disability benefit for the employee.

Services Provided

As part of the services we offer to employers, insurance companies, third party administrators, and self-insured/self-administered companies, we provide representation to our clients in disputes involving claims made by employees regarding the necessity for certain medical expenses, temporary total disability, permanent partial disability and rehabilitation costs. We are proactive in our representation and take steps to resolve employees' claims through negotiation along with an identification and understanding of the medical issues unique to each case. We conduct extensive medical research by consulting medical libraries, textbooks, scientific literature, computer based medical research, and independent experts recognized in their area of practice. This extensive medical research, in conjunction with our knowledge of informal and unpublished Industrial Commission "standards" for various injuries and associated non-medical factors (e.g., the employee's age, the physical requirements of the employee's position, the amount of time actually lost due to the injury), provides our clients with unparalleled insight and representation throughout the entire claims resolution process. This research and experience not only assists us in developing case management strategies but also provides additional resources to utilize for cross-examination of lay and expert witnesses.

In the event that a claim cannot be resolved prior to hearing, we will not only represent our clients before an arbitrator at the Industrial Commission, but also represent clients in the appeal process. The decision of the arbitrator can be appealed to the full Industrial Commission, then to the circuit court of the county and finally to the Illinois State Supreme Court, and we will provide counsel and guidance throughout the entire process.

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Berglund & Armstrong, P.C.
1010 Jorie Boulevard, Suite 370
Oak Brook, IL 60523
Toll Free: Fax: 630-990-2900
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