Illinois Workers Compensation Commission

Pat Quinn, Governor

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  Frequently Asked Questions   

TABLE OF CONTENTS

For all interested parties

Where can I learn the basics about workers' compensation?
What are the benefit maximums and minimums?
Where can I learn about the medical fee schedule?
Where can I learn about workers' compensation insurance? 
Where can I learn about the Commission's self-insurance program?
Where can I find the awards for loss of body parts?  

How can I determine where my case will be heard?
May I create copies of Commission forms on my computer?
May I file documents at the Commission's downstate offices?
What does it mean for a case to be above the red line?

How much does a transcript cost?

What happens to arbitration decisions when they are appealed?
Why was my settlement contract returned to me without being approved?
What are the various Commission timelines I need to know?
How do I calculate the interest due on arbitration awards? 
What is voluntary binding arbitration?

What is the state mileage rate?
What is the history of workers' compensation?
How does the FMLA interact with workers' compensation?

Can I contact my arbitrator or commissioner? 

For employers

What does the Illinois Workers' Compensation Act require of employers?

For employees

My injury occurred a long time ago. How come the Commission hasn't sent me any money?
How come I haven't had a trial yet?
How do I find a lawyer?
My lawyer isn't treating me right. Can the Commission help me?
The Commission resolved my case, but the insurance company won't pay me. What should I do?

For attorneys

What is an attorney code number?


 

How can I determine where my case will be heard?

By rule (Section 7020.50(b)), cases are assigned to the hearing site closest to the site of the accident. If the accident occurred outside of Illinois, the case is assigned to the site closest to the petitioner's home; if the petitioner lives outside of Illinois, the case is set at the site most convenient to the parties.  The Accident Location Table (updated 10/08) lists every town in Illinois and its hearing site.


May I create copies of Commission forms on my computer?

Yes, if you make sure they are reasonably exact copies of ours in regard to wording, spacing, fonts, color of paper, etc. (Get as close as you can.)  If you make your own forms, you are responsible for keeping them up to date. Improper forms will be returned to the filing party.

Before you make your own, check out our fill-in-the-blank forms on the Forms page.


May I file documents at the Commission's downstate offices?

Yes, except briefs and payments for appeals to the circuit courts. If you file an application or an original settlement contract, we cannot immediately give you a case number, but we will date-stamp the form to toll the statute of limitations.


What does it mean for a case to be above the red line?

The Commission draws a red line on the call sheets to mark the cases that are three years old or older. The red line moves every three months, as shown below.

 

Date
Red-Line Cases
3/1/2009

06 WC 15000 and older

6/1/2009

06 WC 30000 and older

9/1/2009

06 WC 45000 and older

12/1/2009

All 06 cases and older

 

Section 7020.60 of the Commission rules allows an arbitrator to continue a case for three years; after that time, the arbitrator shall set the case for trial unless a party submits a written request to continue the case for good cause. The request must be received at least 15 days before the status call and contain proof of service on all parties to the case. An objection to the request, with proof of service, must be received by the arbitrator at least seven days before the call.

The parties to a red-line case must appear at the status call. If the petitioner does not provide a written request and appear at the call, in the absence of good cause the case shall be dismissed for want of prosecution. Unless these provisions are met, the arbitrator shall set the case for trial. If the petitioner fails to appear without good cause on the trial date, the case shall be dismissed. If the respondent fails to appear without good cause, the arbitrator may conduct an ex parte hearing.

 

How much does a transcript cost?

A transcript is a written record of a trial.  Parties pay court reporters $3.15 per page for an original transcript. Copies cost $0.50 per page. The first party to file a Petition for Review is liable for the cost of the original transcript.

Exhibits cost $0.50 per page for the 1-50 pages, $0.40 per page for 51-100 pages, $0.30 per page for 101-200 pages, and $0.20 per page for over 200 pages.

Court reporters are to issue regular transcripts within 60 days after the date the Petition for Review was filed; transcripts for fatal, PTD, and 19(b) cases are due within 30 days; transcripts for 19(b-1) cases are due within 25 days. If a transcript is late, please contact the Supervisor of Court Reporters, Linda Freeman (312/814-5781).

Once a party orders a transcript, it is obligated to pay the court reporter, even if the case is settled and the transcript is no longer required.  Payment is due within 30 days of the court reporter's written request for payment.

 

What happens to arbitration decisions when they are appealed?

The petitioner appeals an arbitration decision hoping for an increase in benefits, but of those cases appealed by the petitioner, the commissioners let the benefits stand or decreased the benefits in 73% of these cases. Similarly, the respondent appeals in the hope of a decreased benefit, but of the cases appealed by the respondent, the commissioners did not decrease benefits 77% of the time.

Review Decisions Issued in FY07

Arbitration decision
was appealed by:

Worker

Employer

Both

Total

Affirmed

71%

70%

49%

68%

Reversed

10%

5%

4%

7%

Modified, no change in $

0%

1%
5%
1%

Benefits increased

17%

6%

26%

14%

Benefits decreased

2%

18%

15%

10%


The Commission has the final say in cases involving state employees. All other decisions can be appealed to the courts. Fewer and fewer cases go on to each level, as shown here.

Decisions and Appeals
 
Arbitration
Decisions
Issued
%
Appealed
Commission
Decisions
Issued
%
Appealed
Circuit Court
Decisions
Issued (est.)
Appellate Ct.
Opinions/Orders
Issued
Supreme Ct.
Opinions
Issued
2000
2,606
49%
1,162
31%
250-300
138
1-5
2001
2,409
52%
941
29%
250-300
100
1-5
2002
2,802
50%
1,093
29%
250-300
112
1-5
2003
2,912
50%
1,055
29%
250-300
107
1-5
2004
3,759
51%
1,026
31%
250-300
123
1-5
2005
3,578
52%
1,054
28%
250-300
106
1-5
2006
3,899
50%
1,090
28%
250-300
108
1-5
2007
3,644
49%
1,613
25%
250-300
108
1-5

Figures for the IWCC are by fiscal year; figures for the courts are by calendar year.


Why was my settlement contract returned to me without being approved?

We receive over 50,000 settlement contracts each year. Unfortunately, thousands have errors in them and must be returned for correction. The most common problems found in settlement contracts are listed below. You can avoid delays by avoiding these problems.

1. There is a computational error or the weekly benefit rate is incorrect;
2. On contracts reproduced by attorneys, the contract is not an exact copy of the form in regard to wording, spacing, fonts, color of paper, etc.
3. The date of approval by the arbitrator is already filled in;
4. Signatures are missing;
5. There is no return-to-work date;
6. Attorney's fees exceed 20%;
7. Information on the contract is altered and the parties failed to initial and date the changes;
8. Current medical information regarding the petitioner's condition is lacking; or
9. Blanks on the form are not filled in.

To prevent other problems from occurring, please keep the following points in mind:

1. Make sure you send enough copies so the arbitrator can keep one more than the number of cases covered on the contract.  For example, if two cases are closed on one contract, the arbitrator will need to keep three copies. 
2. If you want to receive a copy of an approved downstate settlement contract, include a self-addressed stamped envelope with your contract. 
3. If an arbitration decision has been appealed, take the settlement contract to the commissioner. The arbitrator loses jurisdiction once an appeal is filed.



What are the various Commission timelines I need to know?

Click here for a list of timelines.  This list also appears in the back of the bound copy of the Workers' Compensation Act, distributed by the Commission.

 

How do I calculate the interest due on arbitration awards?

Section 19(n) of the Act provides that interest accrues while an unpaid arbitration award is on appeal. If the worker prevails on review, interest is due.

There are a number of court cases that have ruled on the issue of calculating interest, and we advise parties to consult the case law. The Commission does not advise parties on how to make the calculation in individual cases. If there is a dispute over the interest, the parties can go to circuit court to enforce the award and/or file a petition at the Commission for penalties if they feel the amount has been incorrectly paid.

Please note that Section 8.2(d) of the law provides for a 1% per month interest charge on medical bills, payable to the medical provider. This provision is in addition to the 19(n) interest provision.


What is voluntary binding arbitration?

In voluntary binding arbitration, the arbitrator’s action is considered the final decision of the Commission. It offers a way to expedite cases.

If the only issues in dispute are TTD, PPD, or medical expenses, the parties may agree to submit the case to voluntary binding arbitration before one of the following arbitrators, who were recommended by the Workers' Compensation Advisory Board:

Arbitrator Andros
Arbitrator DeVriendt
Arbitrator Jutila
Arbitrator Falcioni
Arbitrator Nalefski

To request binding arbitration, submit Form IC36. The case will be assigned to the arbitrator's next status call.

For more information, see Section 19(p) of the Act and Section 7030.100 of the rules.




What is the state mileage rate?

From July 1, 2007 - June 30, 2008, the rate is 48.5 cents per mile. From July 1, 2008 - June 30, 2009, the rate is 50.5 cents per mile. 

The Governor's Travel Control Board sets mileage rates for State offices.


What is the history of workers' compensation?

Click here for a short time line of Illinois' w.c. history. For a more detailed record of w.c. legislation, click here.

 

How does the Family and Medical Leave Act interact with workers' compensation?

There is nothing in the Illinois Workers' Compensation Act that addresses the FMLA. Because the FMLA is federal law, we do not administer it and cannot advise individuals on it. For information, please contact the US Department of Labor.

 

Can I contact my arbitrator or commissioner?

Contact with arbitrators and commissioners should be limited to scheduling. The best way to make contact is by sending an email with a copy (“cc”) to the other party. Commission rules require that any correspondence addressed to the Commission related to a pending matter must be sent to all parties at the time it is sent to the Commission, and must list the parties to whom copies have been sent. One-sided or "ex parte" communication is prohibited.

If you must contact an arbitrator in person, you should appear at a scheduled status call and give proper notice to the other party in advance of appearing. If you must contact a commissioner in person, you should appear at a scheduled review call and give proper notice to the other party in advance of appearing.

Questions relating to general procedures or case status should be directed to the Public Information Unit (312/814-6611; toll-free within Illinois 866/352-3033).


What does the Illinois Workers' Compensation Act require of employers?

Employers must:
1. Obtain workers' compensation insurance;
2. Post a notice in each workplace that lists the insurance carrier and explains workers' rights:
3. Keep records of work-related injuries and report to the Commission those accidents involving more than three lost workdays;
4. NOT harass, discharge, refuse to rehire, or in any way discriminate against an employee for exercising his or her rights under the law;
5. NOT charge the employee in any way for workers' compensation insurance premiums or benefits that the employer is required to pay.



My injury occurred a long time ago. How come the Commission hasn't sent me any money?

Employers are responsible for the payment of benefits to eligible injured workers. An insurance company may make the payments on the employer's behalf.


How come I haven't had a trial yet?

Once a claim has been filed, the case is set on a two-month* cycle. Every two months, the case is set for an arbitrator's status call. At the call, the parties may request a trial or offer a settlement agreement. If no action is taken, the case is continued for another two months. This rotation continues for three years. At that time, the case may be dismissed unless the parties show there is a good reason to continue it. A flow chart illustrates the entire process.

The vast majority of disputes at the Commission are settled without ever going to trial. On average, a settlement is approved about 1 1/2 years after a claim is filed.

It is important to realize that for the first three years, it is the parties' responsibility to move the case along. Parties often need to wait, for example, until the worker has reached maximum medical improvement. The Commission's rules permit the arbitrator to allow cases to continue for three years before encouraging resolution.

There is an expedited process for emergency situations. If an employee is not receiving cash or medical benefits, he or she may file a petition under Sections 19(b) or 19(b-1) of the law.

* To accommodate vacations, cases are occasionally continued for four months.


How do I find a lawyer?

People who want to retain legal counsel may wish to ask friends for a recommendation or contact an attorney referral service.

The Commission is the court in which disputes between employers and employees regarding workers' compensation may be resolved. We must be impartial. Our Information Unit will explain procedures at the Commission and the basic provisions of the law, but we cannot offer individuals legal advice.




My lawyer isn't treating me right. Can the Commission help me?

We cannot resolve problems between injured workers and their lawyers. Claimants have a number of options available to them: they may try to improve their relationship with their lawyer; they may hire another lawyer; or they may proceed without a lawyer.

We receive a number of calls concerning problems between lawyers and their clients. We encourage lawyers to keep their clients informed. We encourage claimants to educate themselves and follow the progress of the case.




The Commission resolved my case, but the insurance company won't pay me. What should I do?

Contact the Consumer Services Unit of the Illinois Division of Insurance (toll-free 866/445-5364 or 217/782-4515).

You may also ask your attorney about penalties and attorneys' fees for delays in the payment of compensation under Sections 16, 19(k), and/or 19(l) of the Act.

 

What is an attorney code number?

The Commission assigns a code number to attorneys who practice before it and asks attorneys to enter the number on all documents they file with the Commission.  Instead of typing the attorney's name and address every time we enter a case, the typist can just type the code number. 

If you do not have a code number, please download our form, fill it out, and email it to Yvonna Castronova  (312/814-6564). 

We are grateful to the attorneys who use these numbers. They prevent errors and reduce our data entry time considerably.

 

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