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Table of Contents

Chapter 1 — Workers' Compensation

I. Introduction

[1.1] Scope

[1.2] Purpose of Workers’ Compensation Act

[1.3] Word of Warning

II. [1.4] Compensable Claims

[1.5] Existence of Employer-Employee Relationship

[1.6] Independent Contractors Not Covered Per Se

[1.7] General Contractor Liability to Employees of Subcontractors

[1.8] Loaned/Borrowed Employees — Joint Liability

[1.9] Application of Compensation Act to Employment in Question

[1.10] Automatic Coverage

[1.11] Restricted Coverage

[1.12] No Coverage Unless Elected

[1.13] Uninsured Employers

[1.14] Accidental Injury

[1.15] Psychological/Emotional Stress Injuries

[1.16] Aggravation of Preexisting Condition

[1.17] Secondary Injuries/Weakened Member

[1.18] “Arising Out Of” and “In the Course Of” Employment

[1.19] “Arising Out Of”

[1.20] “In the Course Of”

[1.21] Notice

[1.22] Limitations

III. Benefits and Procedures

[1.23] Determining Average Weekly Wage

Interim Benefits

[1.24] Medical Services and Expenses

[1.25] Temporary Total Disability Benefits

[1.26] Temporary Partial Disability Benefits

[1.27] Vocational Rehabilitation

[1.28] Interim Procedures — Immediate Hearings

Final Benefits

Permanent Partial Disability — Specific Loss

[1.29] Amount of Compensation

[1.30] Criteria for Establishing Permanent Partial Disability

[1.31] Disfigurement

[1.32] Decreased Earning Capacity

[1.33] Loss of Profession/Occupation

[1.34] Permanent Total Disability

[1.35] Statutory Permanent Total Disability — Specific Loss Permanent Total Disability

[1.36] Factual Permanent Total Disability

[1.37] “Odd Lot” Permanent Total Disability

[1.38] Death Benefits

[1.39] Death from Unrelated Causes

IV. Anatomy of a Claim

[1.40] Filing

[1.41] After Filing

[1.42] Arbitration

[1.43] Review and Appeal

[1.44] Review by Illinois Workers’ Compensation Commission

[1.45] Review by Circuit Court

[1.46] Review by Appellate and Supreme Courts

V. Special Considerations

[1.47] Medical Examinations by Respondent’s Doctor

[1.48] Attorneys’ Fees

[1.49] Third-Party Recovery and Subrogation

[1.50] Employee’s Right To Prosecute Third-Party Claim and the Compensation Lien

[1.51] Workers’ Compensation Act as Exclusive Remedy Against Employer

[1.52] Tort Defendant’s Right to Contribution from Employer

[1.53] Penalties

[1.54] Reopening Case After Award Is Rendered

[1.55] Other Sources of Compensation

[1.56] Settlement vs. Trial

VI. [1.57] Conclusion

VII. [1.58] Appendix

Authors

Brian T. McGovern
Brian T. McGovern
Brian T. McGovern is Cofounder with Steve Hanagan of Hanagan & McGovern PC, in Mount Vernon, where he concentrates his practice in the areas of workers’ compensation, personal injury litigation, and social security disability claims. McGovern is a member of the American Association for Justice, the Illinois Trial Lawyers Association, and the Jefferson County (Past President) and Illinois State Bar Associations. In addition to the courts of Illinois and the Illinois Workers’ Compensation Commission, he is also licensed to practice in the United States Federal District Court for the Southern District of Illinois and the Seventh Circuit Court of Appeals. McGovern earned his B.S. from Southern Illinois University and his J.D. from Southern Illinois University School of Law.

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Elements of Illinois Law: Workers' Compensation (ARCHIVED 2020 EDITION)

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