Illinois Workers Compensation Commission

Rod R. Blagojevich, Governor

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Table of Contents

IWCC Operations Fund 
Rate Adjustment Fund 
Second Injury Fund 
Self-Insurers Security Fund



IWCC Operations Fund

Illinois Compiled Statutes, Ch. 820, Para. 305, Sec. 4d; Ch. 215, Para. 5, Sec. 416

Purpose

The IWCC Operations Fund was created in 2003 to pay for the administrative costs of the agency.

Assessment

Insurance carriers:  Each year, the Illinois Department of Financial and Professional Regulation (IDFPR) collects a 1.01% surcharge on workers’ compensation insurance premiums from insurance carriers.  It sends out an assessment bill each July.  Payment is due 30 days after the assessment is sent.

Self-insured employers:  Each year, the IWCC collects an assessment of .0075% of payroll from self-insured employers. The IWCC sent out the FY2009 assessment bill on August 15, 2008. If you did not receive an assessment notice, the 2009 fee is .0075% of the 2006 actual wages reported in the "Self-Insurers' Annual Privilege Renewal."  Payment was due September 15, 2008.

Penalty for nonpayment

If the employer fails to pay the fee on time, it shall pay the greater of $1,000 or 5% of the deficiency for each month or part of a month that the deficiency remains unpaid.

Contacts

For insurance carriers' questions: John O’Brian, 217/782-0055, IDFPR Insurance Division

For self-insurers' questions about payment method/history:  Ami Gilkes (312/814-1647) or Maria Parrino (312/814-6616), IWCC Fiscal Office

For self-insurers' questions on the time period of self-insured status, payroll amount listed on the bill, or to update contact information: Maria Sarli-Dehlin (312/814-6065) or Jean Cannon (217/782-6330), IWCC Self-Insurance Office


Rate Adjustment Fund

Illinois Compiled Statutes, Chapter 820, Paragraph 305, Sections 7(f), 8(e)19-8(g)

Purpose

The Rate Adjustment Fund was created in 1975 to pay cost-of-living increases to individuals who are either permanently and totally disabled or the survivors of fatally injured workers. Individuals who receive awards for permanent and total disability or death benefits are eligible. Benefits are paid each month, beginning on July 15 of the second year after the award is entered by the Commission. Recipients are given an amount equal to the percentage increase in the statewide average weekly wage, as calculated by the Department of Employment Security.

Assessment

Twice each year, self-insured employers, insurance companies, and governmental units pay 1.25% of all compensation payments, excluding hospital, surgical, or rehabilitation payments, made in the six-month period preceding the payment date.  The Rate Adjustment and Second Injury assessment form and cover letter are sent each January and July. Payment is due March 15 and September 15.  All payments should be rounded to the nearest cent.

Payment of the assessment is required until official approval to cease payment is given as follows: 

Insurance carriers:  If an insurance company terminates a workers' compensation policy, the company should notify John O’Brian, IDFPR Insurance Division, at 217/782-0055.  The IDFPR will provide a letter confirming the termination of the workers' compensation insurance policy to the company and the IWCC. After the IWCC receives the confirmation letter, assessments will cease.  We cannot stop assessing a company until we receive the IDFPR letter.

Self-insured employers:   If a self-insured company terminated its self-insurance privilege, ceased doing business in Illinois, filed for reorganization, or was acquired by or merged into a conventionally insured company, it will continue to be assessed until all workers' compensation claims have been resolved and the statute of limitations has expired. The company is required to return the assessment form to the Commission until the Commission has confirmed that all workers' compensation claims have been resolved.  If you believe your self-insured company should no longer be assessed, please contact Maria Sarli-Dehlin, IWCC Self-Insurance Division, at 312/814-6065.

By law, every February 1st and August 1st, the Commission examines the fund balance. If the fund balance is above $4 million, then the assessment is cut in half. If the balance is above $5 million, then the assessment will not be made. If the balance falls below $3 million, the full assessment will be reinstated.

Penalty for nonpayment

If an employer knowingly and willfully fails to make timely payment, the Commission shall impose a penalty equal to 20% of the amount due or $2,500, whichever is greater.

Contacts

Ami Gilkes (312/814-1647)  or Maria Parrino (312/814-6616), IWCC Fiscal Office


Second Injury Fund

Illinois Compiled Statutes, Chapter 820, Paragraph 305, Sections 7-8

Purpose

The Second Injury Fund provides an incentive to employers to hire disabled workers. Illinois' SIF is more narrowly constructed than most other states. If a worker who had previously incurred the complete loss of a member or the use of a member (one hand, arm, foot, leg, or eye) is injured on the job and suffers the complete loss of another member so that he or she is permanently and totally disabled (PTD), the employer is liable only for the injury due to the second accident. The fund pays the amount necessary to provide the worker with a PTD benefit.

Assessment

Insurers and self-insured employers pay assessments up to 1/8 of 1% of compensation payments, excluding hospital, surgical, or rehabilitation payments, made in the six-month period preceding the payment date.  The Rate Adjustment and Second Injury assessment form and cover letter are sent each January and July. Payment is due March 15 and September 15.

By law, every January 1st and July 1st, the Commission examines the fund balance. If the fund balance is $500,000, then the assessment is cut in half. If the balance is $600,000, then the assessment will not be made. If the balance falls to $400,000, the half-assessment will be reinstated; if it drops to $300,000, the full assessment will be reinstated.

Penalty for nonpayment

If an employer knowingly and willfully fails to make timely payment, the Commission shall impose a penalty equal to 20% of the amount due or $2,500, whichever is greater.

Contacts

Ami Gilkes (312/814-1647)  or Maria Parrino (312/814-6616), IWCC Fiscal Office


Self-Insurers Security Fund

Illinois Compiled Statutes, Chapter 820, Paragraph 305, Sections 4a-5, 4a-7

Purpose

The Self-Insurers Security Fund was created in 1986 to pay benefits to employees of private self-insurers that became insolvent after 1986.

Assessment

Self-insured employers pay assessments based on their compensation payments, up to a maximum of 1.2% of compensation payments, excluding hospital, surgical, or rehabilitation payments, made during the preceding year.

Assessments are sent out at the direction of the Self-Insurers Advisory Board.  Payment is due within 30 days.  The last assessment was mailed on 11/3/08.

Penalty for nonpayment

Penalties are handled through the circuit court. 

Contacts

Maria Sarli-Dehlin, (312/814-6065), IWCC Self-Insurance Division 

 

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