The Illinois Workers’ Compensation Act (ICWA) provides for the payment of reasonable and necessary medical care for employees who suffer a work-related injury or illness.

According to state law, “reasonable medical care” includes well-established procedures and treatments and is unlikely to cover experimental or alternative care. In some situations, an employer or insurer may dispute the proposed treatment or fail to cover approved medical expenses.

Your dedicated Chicago workers’ compensation lawyer at Therman Law is here to help you understand your rights and next steps if you are facing a situation involving an employer’s failure to pay for approved medical treatment.

Together, we have over 35 years of combined legal experience and are committed to helping individuals hold employers accountable for their legal obligations to injured workers. Schedule your free consultation with your Chicago personal injury lawyer.

Your Rights Under Illinois Workers’ Compensation Law

If you suffered an injury at work, you have the right to medical care, wage replacement, and other benefits under the Illinois Workers‘ Compensation Act (ICWA).

You do not have to prove that your employer was at fault, and your employer cannot deny your benefits just because the accident was not directly their fault. Many injured workers face delays, denials, and efforts to minimize their claims, making it critical to understand your rights.

Who Qualifies for Workers’ Compensation in Illinois

Workers compensation covers most employees who are injured while performing job-related duties. Whether you suffered back injuries in a single accident or developed a condition like nerve damage over time, you have the right to file a claim. The most common workplace injuries that lead to claims include:

Slips, trips, and falls on job sites
Crush injuries from heavy equipment or machinery
Repetitive stress injuries, including carpal tunnel and tendonitis
Exposure to hazardous chemicals and toxic fumes
Electrocutions from faulty wiring or machinery malfunctions
Fractures and broken bones from falling objects
Back, neck, and spinal cord injuries from lifting heavy materials
Hearing loss from prolonged exposure to loud machinery

Some employers misclassify workers as independent contractors to avoid paying benefits. If your employer denied your claim by saying you are not an employee, legal action may be necessary to prove your status.

What Benefits Are Available to Injured Workers

Workers compensation, under 820 ILCS 305/1, provides full medical benefits and covers treatment for work-related injuries. Your employer’s insurance is required to pay for doctor visits, surgeries, rehabilitation, and prescriptions related to your injury.

If your injury prevents you from working, you may also be eligible for additional benefits, including:

Temporary total disability (TTD) benefits while you recover.
Partial disability benefits if you can work in a limited capacity.
Permanent disability benefits for long-term impairments.
Vocational rehabilitation if you need training for a different job.
Reimbursement for travel costs related to medical treatment.

Even if you do not have health insurance, you can still receive medical care through employer-paid coverage. Your employer and their insurance company cannot require you to pay out-of-pocket for treatments related to your workplace injury.

Getting the Treatment and Support You Need After a Work Accident

According to the IWCA, employers or their insurance companies must pay for medical care to treat workers injured in the course and scope of employment.

In most cases, reasonably necessary medical care typically includes first aid, emergency costs, medical devices, and pharmaceuticals. Employees are not required to prove fault for their injuries according to the Act and are protected from retaliation by their employers.

An employer or insurance company that delays payment or fails to pay for approved treatment may be penalized. The IWCA makes clear that for pre-approved medical treatment, the penalization can be 50% of the amount payable at the time of the award. For this penalty to apply, the failure to pay must be without good and just cause.

Common Issues With Illinois Workers’ Compensation Claims

Many applicants encounter issues with workers’ compensation claims, including some of the following:

Denied or Delayed Medical Treatment

Insurance companies frequently try to reduce costs by delaying or denying necessary medical care. If your employer or their insurer refuses to approve treatments ordered by your doctor, you may have to fight for coverage. The most commonly disputed treatments in workers’ compensation claims include:

MRIs, CT scans, and diagnostic tests
Surgeries for joint damage, spinal injuries, or fractures
Physical therapy and long-term rehabilitation
Chiropractic care or alternative treatments
Prescription medications for pain management
Psychological counseling for work-related trauma

Disputes Over Disability and Lost Wage Benefits

Insurance companies often challenge how much compensation you should receive after a work injury. They may try to cut off your benefits early or argue that you are not as disabled as your doctor claims. Some of the most common disputes in workers’ compensation cases include:

Independent medical exams (IMEs) that favor the insurance company.
Disagreements over how much work you can perform while recovering.
Attempts to lower wage benefits by misclassifying your injury.
Refusing to pay for necessary accommodations or modified work duties.
Terminating disability benefits before you have fully healed.

Proving your disability requires medical documentation, employer reports, and financial records showing how your injury impacts your ability to work.

Your Chicago workers‘ compensation attorney with Therman Law may be able to challenge unfair IME reports and help secure full wage replacement benefits.

Employer Retaliation and Workers’ Rights

It is illegal for an employer to punish or fire you for filing a workers’ compensation claim, but that does not stop some companies from trying. If your employer retaliates against you, they may be violating Illinois workers’ compensation laws under 820 ILCS 305/4. Common forms of retaliation include:

Firing or laying off an employee after reporting an injury.
Reducing hours or pay following a claim filing.
Demotions or loss of job responsibilities.
Negative performance reviews are intended to justify termination.
Harassment or intimidation from supervisors or coworkers.
Threatening to report an injured worker’s immigration status.

If you believe your employer retaliated against you, your workers’ compensation lawyer in Chicago can help restore your job status and recover lost wages. A workers’ comp claim is a protected legal right, and no employer has the right to punish you for seeking benefits.

Choose Charlie – Get the Workers’ Compensation Benefits You Deserve

Workers’ compensation should protect you, but employers and insurance companies often try to make the process as difficult as possible. You work hard, and when you are injured, you deserve medical care and full wage benefits.

Your workers’ compensation attorney in Chicago, with Therman Law, fights for hardworking people like you, ensuring you receive the compensation and care you need.