New rules affecting Illinois Workers’ Compensation Lawyers

What is your hand worth? According to the Illinois Workers’ Compensation Commission, the maximum value of a hand lost at work (for a worker who makes the average Illinois annual salary of $42,754.40) is $168,551, whereas that same hand would be worth $156,218 in Iowa and $143,885 in Nebraska.


In Illinois workers’ compensation law, the value of human body parts is determined by an actuarial analysis of probabilities and future values of injuries. The values are continually adjusted to keep up with inflation and changes in the economy. The Illinois Workers’ Compensation Commission uses the fixed values of body parts in order to strike a honest balance between compensating workers lacking driving insurance companies into financial ruin.


Workers’ Compensation Overview


Workers’ compensation is one of the initially examples of tort reform enacted in the United States. Before workers’ compensation law, people hurt at work were faced with two unpleasant alternatives: (1) they could either file lawsuits against their employers or (2) they could suck it up and pay for their own injuries.


Now, employers in every state but Texas are required to hold workers’ compensation insurance. When people are injured at work, it is very nearly as simple to file claims within their states’ workers’ compensation systems, as it is to file insurance claims after car accidents.


In order to make sure that injured workers, employers and insurance companies are all treated honestly, the Illinois Workers’ Compensation Commission continually makes changes to the Illinois Workers’ Compensation Act.


Not more than is an overview of the most recent set of changes to the Illinois Workers’ Compensation Act, which took place in July of 2005.


Fraud Statute Established


Any party involved in committing fraud relating to a workers’ compensation dispute is guilty of a Class 4 felony and must pay complete restitution in addition to a fine. In addition, those who knowingly receive benefits by making fake workers’ compensation claims can be liable for either three times the value of benefits wrongfully obtained or twice the value of coverage attempted, plus attorney fees required to bring the claim.


Penalties Increased for Uninsured Employers


Employers who fail to buy workers’ compensation insurance are guilty of making an immediate and serious danger to public shape. As a consequence, a work stop order can be imposed, requiring the cessation of all business operations until the employer obtains proof of workers’ compensation insurance.


Furthermore, a meaningful stoppage of an employer to provide workers’ compensation insurance coverage is considered a Class 4 felony, and each day’s violation constitutes a break offense.


Medical Fee Schedule Established

The Commission has established a medical fee schedule, setting maximum medical fees that employers are liable for. The maximum fees are 90% of the 80th percentile of charges in a certain geographic area. If a worker’s medical bills are less than what is established by the fee schedule, then the employee will receive full workers’ compensation coverage for those bills.


Benefits Increased and Changed


The Illinois Workers’ Compensation Commission sets maximum compensation for point work injuries. As of February of 2006, the maximum compensation that a worker can receive as the result of a fatality injury is the greater of $500,000 or 25 years worth of salary. This is higher than the previous maximum (the greater of $250,000 or 20 years).


Fixed maximum benefits for point injuries can be found at: http://findgreatlawyers.com/HotTopics/WorkersComp/15ChangestoAct.htm


Expedited Hearings

When an injured worker is not receiving any compensation for an injury from his or her employer, that worker can request an expedited hearing. An employer can also request an expedited hearing if a worker continues receiving compensation until a judgment is rendered and the employee has been released back to work.


Utilization Review Established


If an employer has reason to believe that an inured workers’ medical treatment was unnecessary or unreasonable, the employer can have the case evaluated at a utilization review. In order to qualify for a utilization review, employers must register with the Department of Financial and Professional Regulation once every two years.


Lucky Employees, Employers and Insurance Companies


The Illinois Workers’ Compensation Commission strives to reach honest results for all parties involved in work injuries. Illinois workers compensation laws benefit employees by providing quick compensation for injuries lacking the stress of filing lawsuits. Employers benefit from workers’ compensation insurance coverage, because it eliminates the risk of lawsuits brought by injured employees. Even insurance companies benefit from workers’ compensation law, because it sets maximum rates, which reduces the chances of unreasonable payouts. Furthermore, when insurance premiums paid by employers are invested at favorable rates, insurance companies can really stand to gain the most from the Illinois Workers’ Compensation system.


By continually adjusting the Illinois Workers’ Compensation Act, the Illinois Workers’ Compensation Commission is reaching honest results for all those involved in work injuries.

Emily Gleason is a law student at the John Marshall Law School in Chicago. For more in rank regarding changes to the Illinois Workers’ Compensation Act, she recommends that you visit: http://www.findgreatlawyers.com/HotTopics/WorkersComp/ClaimsTowns/ChicagoClaims.htm


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