1. TABLE OF CONTENTS
A. OVERVIEW
1. Who is covered by the Illinois Workers’ Compensation Act?.....................................#
2. Who provides the benefits?..........................................................................................#
3. What benefits am I entitled to under the law?..............................................................#
4. What injuries or diseases are covered?.........................................................................#
5. Are repetitive trauma injuries covered?........................................................................#
6. Can a reinjury of an old injury be covered under
the Illinois Workers’ Compensation Act?.....................................................................#
7. Do I need to give notice?...............................................................................................#
8. Do I have to submit to treatment by a company doctor?...............................................#
B. WEEKLY BENEFITS
1. What benefits should I receive while off work?............................................................#
2. What if I do not receive benefits to which I think I am entitled?..................................#
C. PERMANENT PARTIAL DISABILITY
1. What compensation may I receive for permanent injury to my body?..........................#
2. What compensation is payable for bodily injuries
not specifically listed in the Workers’ Compensation Act?..........................................#
D. PERMANENT TOTAL DISABILITY
E. WAGE LOSS OR DIFFERENTIAL
What if my earnings are permanently reduced because of the injury?..........................#
F. DISFIGUREMENT
G. DEATH BENEFITS
H. VOCATIONAL REHABILITATION
1. Do I have the right to be retrained in a new profession?...............................................#
2. Can I hire my own vocational counselor?.....................................................................#
I. PROTECTION OF BENEFITS
1. Is there a statute of limitations for the filing of a
Workers’ Compensation claim?....................................................................................#
2. Should I apply for group insurance benefits?................................................................#
3. Can I lose my job for filing a claim for compensation?................................................#
4. Should I give a recorded statement if the insurance
company or employer requests one?..............................................................................#
5. Should I cooperate with a rehabilitation nurse
hired by my employer or the insurance company?........................................................#
6. Do I need an attorney to assist me in the
handling of a Workers’ Compensation Claim?.............................................................#
J. BENEFITS IN ADDITION TO WORKERS’ COMPENSATION
1. Third Party Cases..........................................................................................................#
2. Social Security Disability benefits................................................................................#

2. THE LAW OFFICES
OF
DWORKIN & MACIARIELLO
The law firm of DWORKIN & MACIARIELLO concentrates in Workers’ Compensation
and personal injury. We have handled over 10,000 injury claims and are known throughout the
state as aggressive litigators. We are well known and respected by the unions and have written
articles and spoken at union halls concerning workers’ rights. We were listed in a past issue of
Chicago Magazine among the top 5% of all work injury attorneys. Mr. Dworkin has also taught
a Workers’ Compensation class at a local law school. We have handled injuries as large as death
cases and as small as a broken finger.
Please read this booklet and then call us for a free consultation.
(312) 857-7777
Please Visit Our Website At:
www.illinoisworkinjury.com

3. A. OVERVIEW
1. Who Is Covered By The Illinois Workers’ Compensation Act?
Virtually every worker who is injured in the State of Illinois is covered by Workers’
Compensation. Even if you are injured in another state, you may be covered by the Illinois
Workers’ Compensation Act if you can show you were hired in Illinois or the principal place of
your employment was in Illinois.
2. Who Provides The Benefits?
Employers usually pay premiums to an insurance company and once a worker is injured
it is then that insurance company’s responsibility to pay the benefits. The cost of Workers’
Compensation benefits cannot be charged to a worker.
3. What Benefits Am I Entitled To Under The Law?
Your employer is required to pay for all medical expenses incurred as a result of any
work-related disease or injury. These include first aid, emergency room service, ambulance,
hospital service, doctor fees and prescriptions. You may also be entitled to receive appropriate
physical, mental or vocational rehabilitation.
Your employer is also required by law to pay to you Temporary Total Disability (TTD)
benefits during the period of time that you are off work recovering from the injury or disease,
provided that a doctor has prescribed the absence from work. You are to be paid at a
compensation rate equal to two-thirds (2/3) of your average weekly wage. In some instances this
may include overtime.
Finally, your employer may be required to pay to you additional benefits should you
suffer Disfigurement, Permanent Partial Disability , Permanent Total Disability or Death on
account of any worked-related injury or disease. In the case of death, members of the worker’s
family are entitled to benefits.
The method used to calculate the TTD rate can be extremely complicated and confusing.
If you have questions concerning your TTD rate or whether you are entitled to additional
benefits as a result of your accident, a lawyer from our office should be consulted immediately.
4. What Injuries Or Diseases Are Covered?
Almost all job related injuries or diseases, with very few exceptions, are covered by
Workers’ Compensation. You may even be entitled to full benefits if the accident was your own
fault.
5. Are Repetitive Trauma Injuries Covered?
Yes. Workers who do repetitive work often suffer injuries such as Carpal Tunnel
Syndrome, Cubital Tunnel Syndrome, Back injuries, etc. These injuries have been held
compensable as long as they are reported properly and documented medically. These cases are
very complicated and often disputed.

4. 6. Can a Reinjury Of An Old Injury Be Covered Under The Illinois Workers’
Compensation Act?
Yes. The fact that a work accident may have reinjured an old injury does not bar
recovery under the Illinois Workers’ Compensation Act. Any new accident which aggravates a
pre-existing condition gives rise to the filing of a new case and may result in additional benefits.
7. Do I Need To Give Notice?
Yes. The most important step toward getting benefits started after an accident is that you
give prompt notice to a supervisor. Failure to give notice required by law can result in a loss of
your right to claim any Workers’ Compensation benefits. Although the law allows an injured
worker to give notice within forty-five (45) days from the date of the accident, many potential
problems can be avoided if the notice is given immediately following an accident.
8. Do I Have To Submit To Treatment By A Company Doctor?
No. In many cases an injured worker can see up to two doctors of his own choice, and
the employer is also responsible for paying the charges made by any other doctors or hospitals to
whom the worker is referred by either of his or her first two choices of doctors. However, if
your employer maintains a Preferred Provider list, you are required to select a treater from that
list as your first choice of doctor, or else forfeit that first choice. In that case, you will be entitled
to only one doctor of your own choice. In our opinion, the doctors on an employer’s Preferred
Provider list are biased in favor of the employer and should not be seen. Because declining to
treat with the employer’s doctors will leave the you with only one choice of doctor, it is
important that you contact us before beginning treatment so that we can review with you your
doctors and make the best use of your choice.
B. WEEKLY BENEFITS
1. What Benefits Should I Receive While Off Work?
You are entitled to Total Temporary Disability (TTD) benefits for the entire period of
time during which a doctor has ordered you to remain off work to recover from the effects of
your injury. The weekly compensation rate is based upon your average weekly wage for the one
year before the accident. Further, the TTD rate is subject to certain maximums and minimums
that can be explained by a lawyer from our office. “Moonlighters” who hold two jobs shall
receive TTD based upon the combined wages of the two jobs, if the employer knows the worker
is holding two jobs.
2. What If I Do Not Receive Benefits To Which I Think I Am Entitled?
If you are under the active treatment of a doctor and are unable to work and not receiving
Workers’ Compensation benefits, you are entitled to have an emergency hearing before an
Arbitrator at the Illinois Workers’ Compensation Commission. You have a right to present
medical evidence and witnesses at your hearing. You should have an attorney represent you at

5. this hearing before the Commission.
C. PERMANENT PARTIAL DISABILITY
1. What Compensation May I Receive For Permanent Injury To My Body?
Compensation is payable for Permanent Partial Disability (PPD) if the job-related injury
or disease results in the complete or partial loss, or loss of use of, a part of your body. The
compensation rate for PPD is 60% of your average weekly wage, but is subject to minimum and
maximum limits.
There is no fixed amount payable to any worker who is injured on the job. The methods
used to determine the value of a Workers’ Compensation case are extremely complex and
confusing. One of our attorneys at our office, experienced in the handling of Workers’
Compensation claims, can protect your right and assist you in getting the maximum amount of
recovery for your injury.
2. What Compensation Is Payable For Bodily Injuries Not Specifically Listed In
The Workers’ Compensation Act?
If you suffered a permanent injury to a part of your body not specifically listed in the
Workers’ Compensation Act you can receive up to 500 weeks of compensation for PPD to the
“person as a whole.”
D. PERMANENT TOTAL DISABILITY
An injured worker is considered to be permanently and totally disabled if he or she has a
complete disability which renders him or her wholly and permanently unable to perform any
kind of work for which there is a stable market. If permanently and totally disabled, you are
entitled to benefits for life payable by the employer at your TTD rate.
E. WAGE LOSS OR DIFFERENTIAL
What If My Earnings Are Permanently Reduced Because Of The Injury?
If, after you return to work, you can no longer earn as much as you did before the
accident, you may be entitled to receive weekly benefits equal to two-thirds (2/3) of the
difference between the average weekly salary you would be able to earn at the job you hurt
yourself at prior to the accident and the amount you are able to earn after the accident.
F. DISFIGUREMENT
If you suffer serious and permanent disfigurement (such as scars) to the head, face, hand,
neck, arms, legs (below the knee), or chest as a result of a job-related injury you may be entitled
to compensation. Disfigurement cases cannot be tried or settled until after a six (6) month
waiting period from the date of the injury. However, these cases should be filed with the Illinois
Workers’ Compensation Commission immediately if the injury occurs; the same as any other

6. type of work-related injury case.
G. DEATH BENEFITS
A worker’s widow or widower, children or totally dependent parents who qualify for
death benefits are entitled to weekly payments at the worker’s TTD rate. If the widow or
widower remarries and there are no children at the time of the remarriage, he or she is entitled to
a lump sum payment equal to two (2) years of compensation and all rights to further benefits are
extinguished.
The maximum death benefit allowable is either twenty-five (25) years of weekly
compensation payments or $500,000.00, whichever is greater.
H. VOCATIONAL REHABILITATION
1. Do I Have The Right To Be Retrained In A New Profession?
Yes. If your doctor states that you cannot do the same job you were injured at you are
entitled to be retrained in a new profession. This may include schooling, training or an
apprenticeship program in some circumstances.
2. Can I Hire My Own Vocational Counselor?
Yes. Often the insurance company will hire a vocational counselor to meet with an
injured worker. This vocational counselor will simply send the injured worker on a job search
for a minimum wage job. You may hire your own counselor to formulate a rehabilitation plan
which will enable you to earn much more than minimum wage.
I. PROTECTION OF BENEFITS
1. Is There A Statute Of Limitations For The Filing Of A Workers’ Compensation
Claim?
Yes. In a Workers’ Compensation case, the Statute of Limitations requires a claim be
filed before the Illinois Workers’ Compensation Commission on the worker’s behalf within three
(3) years of the date of the accident or within two (2) years of the last payment of compensation
(whichever of these dates is later). If a claim is not filed on your behalf within this time period,
all of your Workers’ Compensation benefits will be lost.
If you have suffered an accident within the above time frame, and have not had a claim
filed on your behalf before the Workers’ Compensation Commission, your rights may be in
jeopardy. You should contact our office immediately to make sure that your rights are protected.
It is important to note that the Statute of Limitations for a Third Party lawsuit is different
than for a Workers’ Compensation case.
2. Should I Apply For Group Insurance Benefits?
Your employer may encourage you to apply for group insurance or sickness and accident

7. benefits instead of Workers’ Compensation benefits to which you are entitled by law. Most of
these alternatives do not provide for weekly benefits as great as those available under Workers’
Compensation.
In addition, these insurance benefits usually require you to pay a portion of your medical
expenses. Also, benefits for Permanent Partial Disability and Disfigurement are usually not
available under most group insurance plans. Most group insurance policies exclude the payment
of benefits for work-related injuries. Additionally, if you sign a group form indicating that you
were not hurt at work, it may prove difficult to later receive any Workers’ Compensation
benefits.
3. Can I Lose My Job For Filing A Claim For Compensation?
The Illinois Workers’ Compensation Act provides that it is unlawful for any employer or
insurance company to interfere with, restrain, coerce or discriminate against any worker in any
manner whatsoever because of that worker’s exercise of the rights or remedies granted to him by
the Workers’ Compensation Act. Our office aggressively enforces this provision of the Act.
4. Should I Give A Recorded Statement If The Insurance Company Or Employer
Requests One?
No. If you submit to a recorded statement in person or even over the telephone, it can be
used as evidence against you at a hearing before the Workers’ Compensation Commission. A
statement could also jeopardize any third party case you might have. If you are asked to give a
statement, simply have the agent or adjuster call our office for any information he or she may
need regarding the accident.
5. Should I Cooperate With A Rehabilitation Nurse Hired By My Employer Or Its
Insurance Company?
Yes, with caution. Under some situation a worker’s employer or its insurance company
will request that the worker consult with a rehabilitation nurse while the worker is unable to
return to his or her usual employment. If you are contacted by an insurance company
representative regarding a rehabilitation nurse, you should contact our office immediately to
make sure your rights will be protected.
6. Do I Need An Attorney To Assist Me In The Handling Of A Workers’
Compensation Claim?
Yes. It is essential that you retain an attorney who concentrates in Workers’
Compensation law to protect your rights and assure the maximum recovery under the law.
Immediately after incurring an injury at work, you are involved in a legal claim under the
Workers’ Compensation Act. Every employer or its insurance company has a competent staff of
attorneys representing their interests. Your employer or its insurance company has no obligation
to inform you of your rights under the Workers’ Compensation Act. A Workers’ Compensation
claim involves not only compensation for an injury, but also has provisions which can protect
you if you are unable to engage in your usual occupation as a result of the work-related injury.

8. J. BENEFITS IN ADDITION TO WORKERS’ COMPENSATION
1. Third Party Cases
If a third party other than your employer is legally responsible for the accident, you have
the right to pursue a second case. This second case would typically be based on the third party’s
negligence, manufacture of a dangerous product, or violation of the Illinois Structural Work Act.
Financial recovery in a third party case is generally more than Workers’ Compensation benefits
for the same injuries as there is no limitation on the amount of recovery. The damages to which
you would be entitled in your “third party case” can include pain and suffering, disability, loss of
earnings, medical expenses, and more.
You may not know whether you have a third party case. However, a lawyer from our
office will. The determination of whether a third party case exists often requires an analysis of
all applicable laws and potential theories of liability before the existence of a third party case can
be confirmed. It is important to call us to make this analysis on your behalf.
A Complaint must be filed in the Circuit Court or Federal Court within the Statute of
Limitations, usually two (2) years following your accident. If a Complaint is not filed before that
time, you will have no right to recover damages from any third party.
2. Social Security Disability Benefits
You may receive both Workers’ Compensation benefits and Social Security Disability
payments, but the amount you receive will be reduced while you are receiving Workers’
Compensation benefits.
Caution: The information contained in this booklet may change as cases further interpret and
modify the law and the law itself may change. You should always consult with us if you have an
injury or if you have any question.

9. [Front Cover]
WORKERS’ COMPENSATION
benefits guidebook
Prepared by:
THE LAW OFFICES
OF
DWORKIN & MACIARIELLO
ADDRESS
134 N. LaSalle, Suite 1515
Chicago, IL 60602
WEBSITE
www.illinoisworkinjury.com
(312) 857-5555
(312) 264-5624 (FAX)
INTRODUCTION
The Illinois Workers’ Compensation Act provides the only legal remedy against the
employer for a worker injured in the job. This handy pocket guide of information on Workers’
Compensation hopefully will answer questions you may have. Please be aware that this booklet
cannot fully answer all your questions as the statute and thousands of court decisions interpreting
the statute are quite complicated. For complete information please call us.

10. [Back Cover]
PLEASE CALL OUR
OFFICE FOR A
FREE
CONSULTATION
(312) 857-7777
www.illinoisworkinjury.com
THE LAW OFFICES
OF
DWORKIN & MACIARIELLO