Claims Kit

Posting Requirements 305/6

All employers must post a notice in each workplace that explains workers' rights under the Workers' Compensation Act and lists the insurance carrier, policy number, contact information, etc. The employer must post in a conspicuous place in the place of employment, a printed or typewritten notice stating whether he is insured or whether he has qualified and is operating as a self-insured employer.

Workplace Notice Poster

Compensacion A Los Trabajadores

Reporting of Claim by Employer  820 ILCS 305-6

The Workers' Compensation Act requires employers (or insurers acting on their behalf) to send reports to the Commission on all accidents involving more than three lost work days. First reports on fatal accidents are due within two work days after the death. In all other cases such report shall be made between the 15th and 25th of each month unless required to be made sooner by rule of the Commission.

A supplementary or subsequent report should be made if it is determined that a permanent disability is involved.

There are two versions of each report. The Commission will accept either version. The IC45 and IC85 forms were created by the Commission; the IA1 and IA2 forms were created by the International Association of Industrial Accident Boards and Commissions, and are used in several states. It may be more convenient for multi-state employers to use the IAIABC forms.

Physician Selection 305/8

Generally, the employee may choose the provider where he or she seeks treatment. The employee's choice of provider will be limited to a selected network of providers if an employer has established what is called a Preferred Provider Program or "PPP." If there is a PPP, the employee has a choice of two physicians from the network within the PPP.

If an employer does not have a PPP, then the employee has a choice of any two providers. This does not include referrals from those two providers. If the injured worker wants to see or be treated by a third doctor, they will be responsible for any medical expenses incurred, unless approved by the Workers' Compensation insurance company.

The employee may decline participation in the PPP at any time by sending the employer a written statement. If the employee declines participation, it counts as one of the two choices of medical providers.

If the employee declines participation in the PPP, the employee may choose any doctor or hospital, and go to any doctor to whom the employee is referred by that provider. If the employee wishes to see another chain of providers, however, the employer must approve.

First aid and emergency care are not considered to be one of the employee's two choices. Non emergency care obtained before the employee reports the injury to the employer does not count as one of the two choices.

A worker may, without penalty, refuse or limit the involvement of nurses or case managers hired by the employer. The employee is obligated to provide medical records that are relevant to the case, but otherwise a worker's medical care is confidential.