Legal Question in Disability Law in Illinois

Paraprofessionals, nurses, and occupational and physical therapists injured or made sick on the job should file for Workers� Compensation. In certain circumstances such as chronic illness, lab specialists and vocational teachers may also file for Workers� Compensation.

Workers� Compensation is a form of insurance, paid for in advance by your employer, which entitles you to full medical coverage and part of your salary for job-related injuries and illnesses. You are entitled to Workers� Compensation no matter whose fault your injury or illness may be � so long as it occurred on school property or in the normal course of performance of your work duties.

�Medical: Workers� Compensation will pay all medical expenses � tests, hospitals, medicines, physical therapy, equipment, a home care attendant if essential, and transportation to and from doctors � even if you do not lose any time from work.

�Financial:If you are out of work for more than seven days as a result of your job-related injury or illness, Workers� Compensation will pay approximately 2/3 of your gross wages lost � capped at $400 per week. Note that these seven days need not be consecutive days of absence; they can accumulate over time. Your eligibility for lost wages begins on the eighth day you are absent from work; if your doctor keeps you out of work for 15 days or more your wage payments will be retroactive to the first day of your absence. You will receive additional money if your injuries include permanent damage to a limb, facial scars, or loss of hearing or eyesight.

How to access Workers� Compensation benefits

In order to access your rights and benefits under Workers� Compensation, you must follow certain procedures.

1.Unless your injury or illness prevents you, immediately notify your chapter leader and principal of any accident or other incident. All accidents should be reported � even if the injury is not obvious or is seemingly inconsequential.

2.Complete a Comprehensive Injury Report and return it to your principal within 24 hours.

3.See a doctor as soon as possible. Make sure to tell the person attending to you that your injury or illness is work-related. Your doctor must complete an OP 198 Absence form, which you should file with your payroll secretary as soon as possible, and file a C-4 Physician�s Report with the Workers� Compensation Board.

4.Complete a C-3 Employee Claim form, with the assistance of an attorney if necessary, and file it with the Workers� Compensation Board as soon as possible.

5.If you have been the victim of an assault, complete a UFT Incident Report and return it to your Chapter Leader as soon as possible. You should also file a criminal complaint as soon as possible.

6.Complete a WCD-23 Employee�s Notice of Injury and file it with your school payroll secretary within 10 days.

In some cases, the Workers� Compensation Board will deny your request for compensation. In such cases, it is necessary to contact the Safety & Health Department at 212-510-6460 for further assistance. You may also need to obtain the services of an attorney.

In the meanwhile, you should apply for disability benefits if you are or will be out of work due to your injuries or illness. You will need to complete a DB 450 Disability Claim form to obtain these benefits.

Answers to some common questions about workers' compensation are available here.

Forms

Comprehensive Injury Report: This form details the nature of your injuries. It should be turned in to your principal within 24 hours of your accident or illness.

Department of Education Occurrence Report: Your principal must file this report within 24 hours of receiving it. You must sign to acknowledge seeing it and can add a statement.

UFT Incident Report: Use this form to notify the UFT School Safety Department if you have been the victim of an assault. Return the form to your chapter leader as soon as possible.

Application for Excuse of Absence (OP 198): You should complete this application with your physician.

WCD23 Employee�s Notice of Injury: You should fill out this form as your statement of accident/ injury.

C-2 Employer�s Report: The employer is required to fill out this report within 10 days to notify the Workers� Compensation Board of your work-related injury or illness. You should not participate in filling out this form. Your payroll secretary will submit the report online and mail a copy to the NYC Law Department, the city�s insurance carrier for the Department of Education.

C-3 Employee�s Claim: You must Fill out this form to initiate your Workers� Compensation claim. You should retain one copy, file a second with the Board, and provide a third to your legal representative.

C-3.3 Limited Release of Health Information (HIPAA): This form allows health care providers who have treated your previous injuries to release information to your employer�s workers� compensation insurer.

C-4 Physician�s Report: Your doctor must fill out this form at regular intervals � usually every 4-6 weeks � during your convalescence. It is used to determine your level of benefits � so it is very important that your doctor fills it out carefully.

C-257 Expense Reimbursement Form: Use this form to claim out-of-pocket expenses related to your injury or illness.

DB-450 Disability Claim: Complete this form to claim disability benefits only after your Workers� Compensation claim has been rejected.