New Rules Affecting Illinois Workers' Compensation Lawyers

 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 to strike a fair balance between compensating workers without driving insurance companies into financial ruin.

Workers' Compensation Overview


Workers' compensation is one of the first examples of tort reform enacted in the United States. Before the 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 injuries.
Now, employers in every state but Texas are required to hold workers' compensation insurance. When people are injured at work, it is almost as easy to file claims within their states' workers' compensation systems, as it is to file insurance claims after car accidents.


To ensure that injured workers, employers, and insurance companies are all treated fairly, the Illinois Workers' Compensation Commission continually makes changes to the Illinois Workers' Compensation Act.
Below 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 false 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 purchase workers' compensation insurance are guilty of creating an immediate and serious danger to public health. 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 knowing failure of an employer to provide workers' compensation insurance coverage is considered a Class 4 felony, and each day's violation constitutes a separate 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

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. To qualify for a utilization review, employers must register with the Department of Financial and Professional Regulation once every two years.
Happy Employees, Employers, and Insurance Companies


The Illinois Workers' Compensation Commission strives to reach fair results for all parties involved in work injuries. Illinois worker's compensation laws benefit employees by providing fast compensation for injuries without 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 the 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 stand to gain the most from the Illinois Workers' Compensation system.

Comments

Post a Comment

Popular posts from this blog

HOW TO DETERMINE WHEN AND WHY YOU NEED TO HIRE A WORKERS’ COMP ATTORNEY

  The workers’ compensation system is designed to provide wage loss benefits, medical costs coverage and other benefits for those who have been injured in the workplace. Workers’ compensation  serves two main purposes: to ensure employees can secure benefits after workplace injuries and prevent lawsuits against employers when a worker is injured. Because the workers’ compensation system is in place to help  injured workers, many injured employees assume they don’t need a workers’ compensation attorney. After all, why hire a Pennsylvania workers ’ comp attorney if there is already a system in place to protect you in the event of an accident, injury or work-related condition ?  Workers’ compensation is funded either by an employer or, more commonly, an insurance company. Insurance companies and employers may not want to pay out the full amount of compe...
Read more

Do You Need A Personal Injury Lawyer?

Have you recently fallen victim to an accident that was somebody else's fault entirely? Have you spent much money on medical bills apart from physical suffering? Well, in that case, the best thing you can do is go ahead and claim compensation for your damages , and you need the assistance of a professional personal injury lawyer. There are a lot of benefits of hiring the services of a personal injury lawyer , and some of them have been discussed below. The most important advantage of hiring the services of a personal injury lawyer is they have a vast amount of know-how regarding the subject. They are well abreast with the latest changes that have taken place in the law and would know a great deal about the various loopholes that can turn out to be in favor of their clients . As far as claiming compensation is concerned, it is certainly not an easy job. There are a lot of legal proceedings involved, and only a personal injury attorney will be able to guide you through to ...
Read more

When You Need a Product Liability Attorney

Product Liability . We hear this term every day, but what exactly does it mean? From the supereminent makeup discovered poisoning our children's toys, to the massive judgments Particular Injury Attorneys are winning against Big Tobacco companies for causing thousands to die of lung complaint, Product Liability is a growing concern in this world driven business. Each time, thousands are injured or die from defective products manufactured both then and abroad, or from the long- term goods of products known to beget health problems. When death or injury do, it's necessary to hire a Product Liability Attorney. Medicine companies, who now announce to the millions withmega-million bone advertising juggernauts, attach long lists of implicit side goods and implicit health pitfalls to their products. Occasionally, the lists are longer than the announcement dupe itself. Why? They're advising you. Warning because that despite the good their product can do, they know bad e...
Read more