Illinois Workers’ Compensation Penalties

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Section 19 of the Illinois Workers' Compensation Act governs the award of penalties against the employer. Two provisions, 19(k) and 19(l) may become relevant depending on the conduct of the employer in defending the injured workers claim.

  • 19(l) penalties take the form of late fees for delay in payment of an award after trial or in paying TTD benefits. 19(l) takes the form of a late penalty against the employer, computed at $30 a day with a maximum of $10,000.
  • 19(k) penalties require a finding of vexatious conduct on the part of the employer in defending the claim. These penalties require a finding on the part of the employer of bad faith. 19(k) penalties are computed at 20% of disputed medical, 20% of the disputed TTD withheld, and in some rare cases 20% of the prospective medical not approved by the employer once the costs of that medical are determined.

If you feel the conduct of the insurance company or employer rises to the level of penalties, please contact Leonard Law Group for an immediate consultation.

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