If you are hurt at work in Illinois you should be aware that on June 28, 2011, Illinois Governor Pat Quinn signed into law a number of changes to the Illinois Workers' Compensation Act (HB 1698). Many of these changes take effect beginning September 1, 2011, and will have an immediate impact on your rights regarding recovery for work-related injuries. Included among these changes are provisions about the general compensability of injuries, the type and extent of benefits available, and employers' available methods to dispute treatment.
So what does this mean for you - the injured worker?
Many of the changes are fairly incidental and will not drastically affect your basic right to recover. Benefits are still provided for missed time from work, medical treatment, vocational rehabilitation, and permanent effects of your work injury. However, there are provisions that have materially changed certain aspects of the law that can directly affect the injured worker:
Choice of Doctors
In the past, an injured worker was entitled to two doctors of their choice, and their employer was responsible for payment of all of those doctors' medical bills for reasonable and necessary care, as well as for the bills of any other treaters to whom either of those two doctors referred the worker.
In many cases now that will still be the situation. However, under the new law employers have been granted the right to create a "Preferred Provider Program." Such a program would consist of a list of doctors and care providers, and must be approved by the state. If an employer chooses to institute such a program, the worker must first use one of the employer's Preferred Providers or forfeit their first choice of doctor. In that case, the worker will only be entitled to one choice of doctor and any other care providers to whom that one doctor refers the worker. You should be extremely careful before agreeing to treat with one of the employer's chosen doctors - the doctors on an employer's Preferred Provider list may be 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 an Illinois Workers' Compensation Attorney before beginning treatment to review with you your doctors and make the best use of your choice.
Carpal Tunnel Syndrome
Under the new law there is a cap on the amount you can recover for permanency following treatment of carpal tunnel syndrome. However, this does not change the fact that carpal tunnel syndrome can still be recognized as a work-related injury caused by repetitive trauma. Moreover, your employer may still be held responsible for the cost of treatment as well as compensating you for periods in which you are unable to work.
Wage Differential
Wage Differential is an award to compensate an injured worker for a reduction in earning capacity due to their work injury. Under the new law, you may only recover for reduced wages until you reach the age of 67, or for a period of 5 years after the award of such benefits, whichever comes later.
These are just some of the changes in the new Illinois Workers' Compensation law. The legislation itself is long and complex; however, experienced Illinois Workers' Compensation Attorneys are familiar with both the old law and the new law.
If you have been hurt at work, you should contact one of these attorneys today so they can help you to understand your rights and fight to get you the maximum benefits you may be entitled to.
