Basic Elements an Employee Must Prove in an Illinois Workers’ Compensation Case

In Illinois, the employee carries the “burden of proof” that he or she was injured in an injury covered by the Act. Fortunately, most employees will not have a difficult time proving this is the case. In this regard, all that an employee needs to prove in an Illinois Workers’ Compensation Act claim is that he or she, by a preponderance of the evidence, was [a.] an employee of the employer that “[b.] sustained accidental injuries [personal injuries or acquired an occupational disease as defined by the OD Act][c.] arising out of and [d.] in the course of the employment.820 ILCS 305/1. Note that, to be compensable under the Act, an injury to an employee must arise both out of the employment and in the course of the employment.

If you, or a loved one, has been injured at work, then you need information about your rights. At Shunneson Law Office, I am devoted to demanding an insurance company cover your injuries following accidents. Call (847) 693-9120 for more information or contact us to schedule a consultation. Located in Lake County, Illinois, with meeting locations throughout Chicago, we have the ability to meet with you at any convenient Chicagoland location from 9:00 a.m. to 5:00 p.m., Monday – Friday. However, evening and weekend appointments are available upon request by calling 847.693.9120.

-Drake Shunneson (copyright 2012)

NOTICE: The materials provided are for informational purposes only and should not be viewed as legal advice. It may also be viewed as advertising material. You should contact us directly, or your attorney, to obtain advice to any issue or problems. This article, by itself, does not create an attorney-client relationship and the opinions are those of the individual author and do not reflect the opinions of the Law Office or any other individual, attorney, entity or individual. Photos courtesy of While the author has utilized his experience and knowledge of workers compensation law in writing this article, as well as many articles, books, statutes, regulatory rules, treatises, and internet sources, some of the ideas and material for this article were obtained from the Illinois Institute for Continuing Legal Education’s Illinois Workers’ Compensation Practice Guide (2011), which deserves special recognition.