In Illinois, the workers’ compensation system is designed to provide critical financial and medical support after a workplace injury. However, obtaining the full benefits you are legally owed can often be an uphill battle against insurance companies and corporate employers.
At Murray Legal Group, we step in to handle the complexities of your claim so you can focus entirely on healing. From securing medical treatment coverage to recovering lost wages, we provide the direct, trial-ready representation your case.
In Illinois, the workers’ compensation system is designed to provide critical financial and medical support after a workplace injury. However, obtaining the full benefits you are legally owed can often be an uphill battle against insurance companies and corporate employers. Murray Legal Group steps in to handle the complexities of your claim so you can focus entirely on healing.
You have the right to 100% coverage for necessary medical care related to your injury. We work to ensure the insurance company pays for your surgeries, physical therapy, and prescriptions from your preferred physicians without unneeded delays.
If your injury prevents you from working, you are typically entitled to Temporary Total Disability (TTD) benefits equaling two-thirds of your average weekly wage. We fight to ensure these vital checks are calculated accurately and arrive on time.
From negotiating vocational rehabilitation to pursuing permanent disability claims, we handle your case with strict discipline. We prepare every workers' compensation claim with the trial-ready stance required to counter stubborn insurance adjusters.
Every work injury claim follows a strict legal timeline. Murray Legal Group guides you through each critical stage so you never miss a deadline or leave benefits on the table.
We review your workplace accident details and guide you through the strict 45-day employer notification deadline.
We collect medical files and witness statements to prove your injury occurred directly within the scope of your job.
We file the initial paperwork to get your weekly wage checks started and ensure medical bills are covered.
Once your medical care is complete, we assess the permanent physical or structural impact on your future livelihood.
We take your case before the state commission if the insurer refuses to offer a fair permanent disability settlement.
When you are injured at work, there are several important things to consider, especially if your injury affects your ability to work while you recover. It is completely reasonable to want a basic understanding of your rights and options before deciding whether speaking with an attorney is the right step for you.
Illinois law prohibits an employer from retaliating against an employee for exercising their rights under the Workers’ Compensation Act. This includes filing a workers’ compensation claim in retaliation for a work-related injury.
If you are fired because you filed a workers’ compensation claim or exercised your rights as an injured worker, you may have the right to pursue a separate legal claim against your employer. Whether a termination was retaliatory will depend on the particular facts and evidence involved.
Workers’ compensation cases can become complicated quickly. An experienced workers’ compensation attorney understands the laws, procedures, deadlines, medical issues, and disputes that commonly arise during a claim. At Murray Legal Group, we handle workers’ compensation cases every day and regularly deal with the issues injured workers may face throughout the process.
You have the right to represent yourself in a workers’ compensation case. However, your employer and its insurance company will often have experienced attorneys and claims professionals protecting their interests. Having an attorney on your side can help you understand your rights, avoid common mistakes, address problems as they arise, and pursue the benefits available to you under Illinois law. Hiring an attorney also allows you to focus more of your attention on what matters most—your medical treatment, your recovery, and getting back on your feet.
If you decide to hire an attorney, it is often helpful to speak with one as early as possible. Many problems in workers’ compensation cases are easier to address when they are identified early. Delays involving medical treatment, benefits, paperwork, or communication with the insurance company can become more difficult to resolve if they are allowed to continue.
There are many decisions that may arise after a workplace injury. Having an attorney at Murray Legal Group by your side means having someone who can explain your options, answer your questions, protect your rights, and guide you through each stage of the workers’ compensation process.
The first step after a work injury is to report the accident to your supervisor as soon as possible. Promptly reporting the injury helps create a clear record of what happened and can help avoid unnecessary disputes later in your claim.
The next step is to seek appropriate medical attention. When speaking with your doctor or medical provider, be as detailed and accurate as possible about how the injury happened and all of the symptoms you are experiencing. Even symptoms that seem minor at first may become important as your treatment continues.
You should notify your supervisor of a work-related accident as soon as possible. Early reporting can be very important because it creates a clear connection between the accident at work and the injury you are claiming. The sooner the accident is documented, the easier it may be to establish when, where, and how the injury occurred.
That does not mean you automatically lose your right to benefits if you do not report the accident on the same day. In most cases, the Illinois Workers’ Compensation Act requires an injured worker to provide notice of the accident within 45 days.
However, waiting until the end of that 45-day period can create unnecessary problems. A delay in reporting may cause the employer or insurance company to question how the injury occurred or whether it is related to your work. For that reason, even though the law generally allows up to 45 days to provide notice, it is best to report a work injury as soon as reasonably possible.
For a workers’ compensation case to be formally pending before the Illinois Workers’ Compensation Commission, a claim must be filed with the Commission. Filing generally requires preparing and submitting the appropriate legal documents so that the case is officially opened.
If you hire an attorney, your attorney will typically prepare and file the necessary documents on your behalf and make sure the claim is properly submitted to the Illinois Workers’ Compensation Commission.
It is important to understand that reporting your injury and filing your claim are two separate steps.
Telling your supervisor about your work accident does not automatically file a case with the Illinois Workers’ Compensation Commission. Likewise, filing a case with the Commission does not replace your responsibility to give proper notice of the injury to your employer.
Both steps are important and should be handled separately.
Yes. Illinois law places time limits on when a workers’ compensation claim may be filed with the Illinois Workers’ Compensation Commission.
Generally, a claim must be filed within three years of the date of the accident, or within two years of the last payment of workers’ compensation benefits, whichever date is later.
For example, suppose you were injured at work in January 2022. If no workers’ compensation benefits were paid, the three-year deadline would generally require your claim to be filed by January 2025.
However, suppose the workers’ compensation insurance company continued paying medical expenses related to your injury and made its last payment in March 2024. In that situation, the two-year period following the last payment would extend the filing deadline to March 2026.
Because determining the exact filing deadline can depend on the facts of your case and the benefits that have been paid, it is always better to address filing your claim as early as possible rather than waiting until a deadline is approaching.
After a work injury, you may be contacted by your employer, its insurance company, or other individuals involved in handling your workers’ compensation claim. Because several different people may be involved in the process, it can sometimes be difficult to understand each person’s role or interests.
If you have hired an attorney, it is generally a good idea to speak with your attorney before discussing important issues about your claim with your employer or the insurance company.
The following are some common questions injured workers may have when their employer or the insurance company wants to discuss the accident, medical treatment, or other aspects of the claim.
No. If you are represented by an attorney, you should not sign documents related to your workers’ compensation claim without first having your attorney review them.
Some documents may affect your legal rights, your entitlement to benefits, or the value of your claim. In certain situations, statements or agreements contained in those documents may later be used by the insurance company to dispute part of your claim or reduce the benefits being offered.
When in doubt, send the document to your attorney before signing it.
Your employer or its insurance company may request certain medical records, reports, or other documentation from your doctor relating to your work injury and treatment.
However, obtaining written medical records is different from having direct conversations with your physician. In general, you should be cautious about allowing your employer, the insurance company, or their representatives to communicate privately with your treating doctor about your condition or claim.
If you learn that someone is attempting to speak directly with your doctor outside of the normal process of requesting medical records, you should contact your attorney before allowing that communication to take place.
The Illinois Workers’ Compensation Act provides several types of benefits to employees who are injured at work. Some benefits are paid directly to the injured worker, while others cover the cost of reasonable and necessary medical treatment related to the work injury.
The benefits available in any particular case will depend on the facts of the injury, the medical treatment required, and how the injury affects the worker’s ability to return to work.
This section provides an overview of the most common benefits that may be available under Illinois workers’ compensation law.
After a work injury, your employer must pay for all necessary medical treatment that is reasonably required to treat your injuries.
If your doctor takes you completely off work because of a work-related injury, you may be entitled to Temporary Total Disability, or TTD, benefits.
TTD benefits are payments made to replace a portion of your lost wages while you are temporarily unable to work because of your injury. These are commonly thought of as your workers’ compensation “off-work checks.”
TTD benefits generally continue while you remain medically unable to work, subject to the circumstances of your claim and your doctor’s restrictions.
TTD benefits are calculated using a formula established by the Illinois Workers’ Compensation Act. The first step is determining your Average Weekly Wage (AWW), which is generally based on your earnings before the date of your injury.
Once your Average Weekly Wage is determined, your weekly TTD benefit is generally equal to two-thirds (66⅔%) of your Average Weekly Wage, subject to minimum and maximum benefit rates established by law.
Although this may sound like a simple calculation, determining the correct Average Weekly Wage can sometimes be complicated. Factors such as how long you worked for the employer, overtime, and other forms of compensation may affect the calculation depending on the circumstances.
If you believe your weekly TTD checks are being paid at the wrong rate, you should speak with Murray Legal Group or another workers’ compensation attorney to have the calculation reviewed.
TTD benefits are calculated using a formula established by the Illinois Workers’ Compensation Act. The first step is determining your Average Weekly Wage (AWW), which is generally based on your earnings before the date of your injury.
Once your Average Weekly Wage is determined, your weekly TTD benefit is generally equal to two-thirds (66⅔%) of your Average Weekly Wage, subject to minimum and maximum benefit rates established by law.
Although this may sound like a simple calculation, determining the correct Average Weekly Wage can sometimes be complicated. Factors such as how long you worked for the employer, overtime, and other forms of compensation may affect the calculation depending on the circumstances.
If you believe your weekly TTD checks are being paid at the wrong rate, you should speak with Murray Legal Group or another workers’ compensation attorney to have the calculation reviewed.
If your doctor allows you to return to work with light-duty restrictions, but your employer cannot provide work within those restrictions, you may be entitled to continue receiving TTD benefits while you remain off work.
There are several rules that may affect your medical treatment in a workers’ compensation case. These rules can determine which doctors you may treat with, what information your doctors may need to provide, and when you may be required to attend an examination with a doctor chosen by the insurance company.
Understanding these rules can help you avoid unnecessary problems with your medical benefits and your claim.
Generally, no. In Illinois, an injured worker usually has the right to choose their own treating physician. You are not ordinarily required to receive treatment from a doctor selected by your employer or its workers’ compensation insurance company.
There are limitations on the number of doctors you may choose. These limitations are discussed later in this guide.
It is also important to understand the difference between treating with a doctor and attending an examination requested by the insurance company. The insurance company may have the right to require you to attend an examination with a doctor of its choosing. However, that doctor does not become your treating physician, and you are generally not required to receive treatment from that doctor.
Generally, Illinois workers’ compensation law follows what is commonly called the two-doctor rule.
Under this rule, you may choose a first treating doctor. You may also continue treatment with other medical providers that your first doctor refers you to. Those referrals generally remain part of your first choice of physician.
If you later need a second opinion or wish to change doctors, you may generally choose a second treating doctor. You may also treat with other providers that your second doctor refers you to.
Because of this rule, referrals are very important. For example, if your orthopedic doctor recommends that you see a pain management specialist, you should obtain a referral from the orthopedic doctor whenever possible. That referral can help keep the pain management treatment within your first choice of physician and preserve your ability to use your second choice later if needed.
If you are represented by an attorney, you should notify your attorney before beginning treatment with a new doctor whenever possible. You should also provide your attorney with copies of any referrals you receive. This allows your attorney to help determine whether the new doctor falls within your existing chain of referrals and whether there may be any issues with coverage for the treatment.
Yes, in certain situations. During a workers’ compensation case, your employer or its insurance company may require you to attend an examination with a doctor of their choosing. This is commonly referred to as an Independent Medical Examination, or IME.
An IME doctor is different from your treating doctor. You are generally required to attend the examination, but you are not required to receive treatment from that doctor. The purpose of the examination is for the employer or insurance company to obtain a medical opinion about your injury, treatment, work restrictions, or disability.
The employer is responsible for the cost of the examination. Illinois law also requires the employer, in applicable cases, to cover the necessary cost of traveling to and from the examination. The Act also provides for certain necessary meal expenses and reimbursement for lost wages if attending the examination causes you to miss work.
It is very important that you do not ignore a properly requested examination. Under the Illinois Workers’ Compensation Act, refusing to attend or unnecessarily interfering with the examination may result in your workers’ compensation payments being temporarily suspended until the examination takes place.
If you receive notice of an IME, contact your attorney as soon as possible. Your attorney can explain why the examination has been requested, confirm when and where you are required to appear, and advise you about your rights and responsibilities before the appointment.
The Illinois Workers’ Compensation Act provides additional benefits in certain cases when a work injury results in a permanent disability.
Permanent disability can take several different forms depending on how the injury affects your ability to work and function after you have completed treatment. The examples below explain some of the more common ways these benefits may apply.
Because permanent disability benefits can depend on many different factors, it is important to speak with an attorney at Murray Legal Group if you believe your injury has caused lasting limitations or affected your ability to return to work.
If you suffer a work injury, complete your treatment, and are able to return to work, you may still be entitled to compensation if the injury leaves you with a permanent loss, limitation, or impairment.
This type of compensation is commonly called Permanent Partial Disability, or PPD. PPD benefits are intended to compensate an injured worker for the permanent effects of a work injury. Depending on the injury, the amount of compensation may be based on the body part affected, the extent of the permanent loss, and other factors provided under Illinois law.
Permanent injuries do not always involve ongoing pain. In some cases, a work injury may leave permanent scarring or disfigurement. Illinois workers’ compensation law also provides compensation for certain serious and permanent disfigurement.
If a permanent work injury prevents you from returning to your previous job and requires you to find different employment at a lower rate of pay, you may be entitled to additional compensation.
This type of benefit is commonly referred to as a wage differential. It is intended to compensate you for part of the difference between what you would have been able to earn in your former job and what you are able to earn after the injury.
The amount of compensation depends on the difference in your earning capacity before and after the injury, along with other factors that may apply to your case.
There may be situations where you are able to return to work, but your permanent restrictions prevent you from returning to your previous job. In those cases, you may need assistance learning new skills or preparing for a different type of employment.
Illinois workers’ compensation law provides for vocational rehabilitation when it is necessary to help an injured worker return to suitable employment. Vocational rehabilitation may include job-search assistance, vocational counseling, education, or retraining for a new career. When appropriate, the employer may be responsible for the costs of the rehabilitation program, along with certain expenses related to it.
The rehabilitation plan should be designed to reasonably help you return to gainful employment. If there is a disagreement about what type of rehabilitation or training is appropriate, either side may ask the Illinois Workers’ Compensation Commission to decide the issue.
An injured worker is also expected to reasonably cooperate with an appropriate vocational rehabilitation program. If you are being asked to participate in vocational rehabilitation or believe you may need retraining because you cannot return to your former job, you should speak with your attorney about your rights and responsibilities.
If a work injury leaves you permanently unable to return to any reasonably available employment, you may be entitled to Permanent Total Disability, or PTD, benefits.
PTD benefits are generally paid weekly for life. The weekly benefit rate is calculated in a manner similar to TTD benefits and is subject to minimum and maximum rates established by Illinois law.
Determining whether someone qualifies for PTD benefits can be complicated and depends heavily on the medical, vocational, and employment circumstances of the individual case. If your work injury has left you permanently unable to return to the workforce, it is important to speak with an attorney at Murray Legal Group about the benefits that may be available to you.
Yes. The workers’ compensation act will provide benefits for the spouse or minor children if a work accident results in death. These benefits are paid out weekly.
Generally, the Illinois Workers’ Compensation Act prevents an injured worker from suing their employer in civil court for a work-related injury. This is known as the exclusive remedy provision. In exchange, injured workers may receive workers’ compensation benefits without having to prove that their employer was at fault.
However, if someone other than your employer caused or contributed to your injury, you may also have what is called a third-party claim. A third-party claim is a separate civil lawsuit against the person or company responsible for causing your injury, and it may be pursued at the same time as your workers’ compensation case.
These claims commonly arise when an employee is injured on a jobsite because of the actions of another contractor or company, or when a worker is injured in a motor vehicle accident caused by another driver. Third-party cases may also allow recovery for damages that are not available through workers’ compensation, such as pain and suffering and certain additional wage losses.
If you believe someone other than your employer may have been responsible for your injury, tell your attorney how the accident happened. The attorneys at Murray Legal Group can investigate the circumstances and determine whether you may have additional legal rights beyond your workers’ compensation claim.
Cannabis use can create complicated issues in a workers’ compensation case. Unlike alcohol testing, cannabis testing does not always clearly show when cannabis was consumed or whether a person was impaired at the time of the accident. Cannabis can remain detectable in the body long after its effects have worn off.
Because of this, a positive drug test does not necessarily mean that cannabis caused or contributed to a work accident. If cannabis use or a positive drug test becomes an issue in your case, contact an attorney at Murray Legal Group to discuss your rights and how the test may affect your claim.
Cannabis use can become an issue in a workers’ compensation case, but it does not automatically mean that your claim will be denied.
Under Illinois law, benefits may be denied if intoxication was the cause of the accident, or if the worker was so intoxicated that they had effectively departed from their employment. In simpler terms, the employer must show that intoxication caused or contributed to the accident, rather than the injury simply happening while cannabis was present in the worker’s system.
In some situations, evidence of impairment can create a legal presumption against the injured worker. That presumption can still be challenged with other evidence showing that intoxication was not the cause of the accident.
In certain circumstances, evidence of cannabis impairment can create what the law calls a “rebuttable presumption.” This means the law initially presumes that the worker was intoxicated and that the intoxication caused the accident.
When that presumption applies, the burden shifts to the injured worker to present evidence showing that intoxication was not the cause of the accident. In simpler terms, the injured worker must present evidence explaining why the accident happened because of the work—not because of cannabis impairment.
Yes. Even if a rebuttable presumption applies, that does not mean your workers’ compensation case is over. An injured worker may present evidence showing that cannabis impairment was not the cause of the accident.
For example, coworkers or other witnesses may be able to testify that you did not appear impaired before the accident. Your own testimony may also be important in explaining when you last used cannabis and what actually caused the injury. An attorney at Murray Legal Group can help identify the evidence needed to challenge the presumption and protect your rights under the Illinois Workers’ Compensation Act.
Generally, it is not advisable to refuse a drug test after a work injury. Your employer may have workplace policies that impose consequences for refusing a test, including possible discipline or termination.
Refusing a drug test can also hurt your workers’ compensation case. Under Illinois law, refusing to submit to testing creates a rebuttable presumption that you were intoxicated and that the intoxication caused your injury. Rather than refusing the test, speak with an attorney about the evidence available to show that you were not impaired and that intoxication did not cause your accident.
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If you were injured at work, you deserve to understand the benefits and protections available to you. Murray Legal Group can review what happened, explain your options, and help you protect your rights throughout the process.
Tell us about your injury. We’ll help you understand what comes next.
