Ridge & Downes - Law Firm

This FAQ section is provided as a general guideline to the rights and responsibilities of an employee who has been injured on the job. It does not, and cannot, contain all of the benefits and obligations pertaining to each specific case. Furthermore, it does not set forth the statute of limitations, nor the time limitations, of what you must do for proceeding with a workers ’ compensation claim. Each workers’ compensation case is unique and the law is frequently modified by the legislature and the courts.

This FAQ section is not intended as a replacement for the advice of an experienced attorney. In fact, if you have suffered an injury that is work related, you should consult an attorney knowledgeable on the law in your State for proper advice regarding the same.

What types of injuries are covered by the Act?

The Illinois Workers’ Compensation Act requires that benefits be paid for all accidental injuries arising out of and in the course of employment.

The term “accidental injuries” is interpreted quite broadly. It includes not only typical accidents, but also injuries that develop slowly over time due to repetitive trauma, such as carpal tunnel syndrome. It includes injuries as small as a cut finger that only leaves a disfiguring scar, and as serious as those that result in death. It is even broad enough to cover the following: injuries received in fist fights (if you are not the aggressor); accidents that occur on company premises while you are coming to or leaving work; heart attacks and strokes if they are caused by work; and a pre-existing condition if it is aggravated by work activities. 

The “arising out of the employment” provision requires that the injury be directly caused by a hazard or risk of employment. In order to be covered under the Workers’ Compensation Act, the injury must be “job-related,” and the employment must put the worker at an increased risk of injury compared to the risk he or she would encounter off the job.

The “in the course of” provision requires that the accident take place at the time an employee is working, at a place that he/she is required to be for his/her job, and under circumstances that are required by his/her employment.


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