In Illinois, the vast majority of businesses, whether retail sales, manufacturing, or even a law office, are required to maintain workers' compensation insurance. Illinois has a strictly enforced Workers' Compensation Act and workers' compensation insurance is a necessity of doing business in this State.
Some businesses are, of course, more susceptible to workplace injuries. For these businesses, the human resources director or office manager is probably highly experienced in handling a workers' compensation claim. However, for some businesses workplace injuries are rare and when they occur you may find yourself wondering where to turn and what to do.
The Workers' Compensation Act imposes requirements on both the employee and the employer when an accident occurs on the job. As an employer you should instill in your employees an understanding that any injury that occurs at work - big or small - should be reported immediately to a supervisor or to human resources. When an employee reports an injury, it should be documented in writing and, when possible, the employee should be asked to write out a specific statement describing what happened.
It should go without saying that if emergency medical attention is required, the employer should help facilitate this. If medical treatment is not immediately necessary, the employer should nevertheless follow up with the employee to keep track of the situation.
Some employers have "company doctors" who are basically just medical providers in the local community who have agreed to see employees who are injured. As a first course, the employer should suggest that the employee see the company doctor for evaluation.
It is also very important that the employer promptly notify their workers' compensation insurer to the fact that a work-related accident or injury has been reported. In Illinois, the Form 45 is used for providing written notification of a work-related accident.
While the insurance carrier may then undertake their own investigation of the accident, the employer who is on site should also make note of any relevant information. For example, what job was the employee performing when injured; was the injury witnessed; what specific symptoms did the employee complain of: and whether the employee has been injured on the job before.
For injuries that are more serious, an employee may have restrictions placed on her ability to return to her normal work activities. Generally speaking, it is always in the employers' best interest to get an injured worker back to work as quickly as possible. This is true even if it means accommodating restrictions with a less strenuous job.
For an employer involved in a workers' compensation claim for the first time, the system may be intimidating. However with the right help, the process can proceed smoothly.
