Legal Memorandum: Expenses and employer must cover when an employee has been injured under the Workers’ Compensation Act

Issue: Under Illinois law, what expenses must an employer cover where an employee has been injured?

Area of Law: Labor & Employment, Labor and Employment
Keywords: ; Expenses; Employer; Workers’ Compensation Act; Injured; Employee
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

Under the [Workers’ Compensation] Act, an employer must pay for any medical or surgical care on behalf of an injured employee that is reasonably necessary to "cure or relieve the effects" of an accidental injury arising out of his employment. [statref]820 ILCS 305/8(a) (2010)[/statref]. Questions regarding the entitlement to prospective medical care under section 8(a) of the Act involve factual matters for the Commission to resolve. Max Shepard, Inc. v. Industrial Comm’n, 348 Ill. App. 3d 893, 903 (2004).

A court will not disturb the Commission’s findings as to these issues unless they are contrary to the manifest weight of the evidence.  Certi-Serve, Inc. v. Industrial Comm’n, 101 Ill.2d 236, 244 (1984).

United Quick Transportation, Inc. v. Illinois Workers’ Compensation Commission, No. 1-15-1174WC, 2016.IL.0000264 (Feb. 2, 2016) (VersusLaw).

Date: March 1, 2016

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