History of Worker's Compensation Laws.

In the early years of the Industrial Revolution in this country, most employers viewed their workers as just another tool, piece of equipment or raw material, to be disposed of when no longer useful. I can recall my grandfather, a coal miner, talking about the neighbor woman whose husband died in a mining accident. The mine's obligation ended with delivering the body to the morgue.

The law made it nearly impossible for an injured employee or his surviving family to recover compensation for their losses. The employer was usually able to avoid liability by showing that the employee was either aware the job was dangerous and therefore assumed the risk, or the employee's own negligence caused the injuries or the negligence of a co-worker caused the injuries.

In the early 19th Century, this began to change as various states enacted laws to protect workers. In Illinois this set of laws is known as the Workers' Compensation Act ("Act") and the Occupational Diseases Act.

There is a special state agency whose duty is to administer the Act. Until 2005, that agency was known as the Illinois Industrial Commission. It is now called the Illinois Workers' Compensation Commission.

Basics of the Illinois Workers' Compensation Act.

The Act involves a trade off. The company is still responsible for benefits under the Act even if the employee or a co-worker causes the injuries to the worker and even if the employee knowingly accepts a dangerous job or takes risks. Therefore, as long as the injury occurs while the employee is performing the employer's duties, the employee is automatically covered under the Act.

In exchange for automatic liability, the employee gives up certain things. The employee's recovery in dollar amounts is limited in ways that it would not be if the employee were suing in a court of law (such as occurs when there is a car accident). These limitations apply even if the employer was negligent, did not follow safety rules, knew that there was a dangerous condition or situation but did nothing about it or otherwise failed to take precautions.

The employee does not recover for pain and suffering, lifestyle disruptions, inconvenience or aggravation. He does not receive 100% compensation for lost income (although the benefits are tax free). The employer is not responsible for making up for the employee's lost fringe benefits (contributions to pension funds or credit hours to qualify for health insurance for example).

The employer is responsible for all of the employee's reasonable and necessary medical expenses. In addition, in certain circumstances, the employer is responsible for the employee's future medical expenses.

If you have questions based on your unique work injury situation contact our experienced Illinois Workers Compensation Lawyers today or send us an email.