The Illinois Line of Duty Compensation Act is an Illinois law which is designed to provide the payment of benefits to the beneficiaries of a deceased first responder who was killed in the line of duty.
Section 3 of the Act provides for the payment of death benefits to a designated beneficiary of a law enforcement officer, civil defense worker, civil air patrol member, paramedic, fireman, chaplain, or state employee killed in the line of duty. 820 ILCS 315/3. To qualify for the benefits, the designated beneficiary needs to establish that the law enforcement officer, civil defense worker, civil air patrol member, paramedic, fireman, chaplain, or state employee, died as a result of the injury received in active performance of his or her duties and the injury was caused by violence or other accidental cause. 820 ILCS 315/2(e). The death from such injury needs to take place within one year from the injury date, and the claim for benefits has to be made within 1 year of the date of death. 820 ILSC 315/3(a). No benefits will be paid if a law enforcement officer, civil defense worker, civil air, patrol member, paramedic, fireman, chaplain, or state employee killed in the line of duty dies from a willful act of intoxication. Per the statute, the Attorney General would have the burden of proof to establish that the death was a result of the willful act or intoxication. The amount of compensation depends upon the time when law enforcement officer, civil defense worker, civil air, patrol members, paramedic, fireman, chaplain, or state employee was injured and subsequently dies while performing the act of duty and is described in 820 ILCS 315/3(b).
The Act also provides potential benefits for Armed Forces members who are killed in the line of duty. For the Armed Forces member to qualify for benefits, the death has to occur while on active duty in connection with the September 11, 2001 terrorist attacks on the United States, Operation Enduring Freedom, Operation Freedom’s Sentinel, Operation Iraqi Freedom, Operation New Dawn, or Operation Inherent Resolve. 820 ILCS 315/2(e)(3). The Act defines the “Armed Forces Member” who can qualify for benefits as an Illinois resident who is a member of the Armed Forces, a member of the Illinois National Guard while on active military service pursuant to an order of the President of the United States, or a member of any reserve component of the Armed Forces of the United States while on active military service pursuant to an order of the President of the United States. 820 ILSC 315/2(l). The beneficiary for the qualifying fallen member of the Armed Forces or the National Guard has to make a claim within 2 years of the date of the death. 820 ILCS 315/3(a). However, if the death took place before October 18, 2004, then the claim must be made within one year of October 18, 2004. If the death occurred after December 31, 2016, and before January 1, 2021, the claim has to be filed no later than December 31, 2022. The amount of benefits available to designated beneficiaries for the death of a member of the Armed Forces or the National Guard member that took place after January 1, 2005, is the amount of the death benefit for the previous year plus an increase equal to the percentage of Consumer Price Index.
HOW ARE CLAIMS FILED?
To start the process for benefits, the beneficiary needs to file a claims form which can be obtained from the Attorney General’s Office, Illinois Secretary of State’s website, or from the Court of Claims. The Completed form has to be sent to: Court of Claims, State of Illinois, 630 S. College St., Springfield, IL 62756.
If the claim is properly filed and no payment is made within the six months of filling, then the Court of Claims will direct Comptroller to add an interest penalty. If the claim is approved, then the benefits under the Act will be paid to the beneficiary designated by a law enforcement officer, civil defense worker, civil air, patrol member, paramedic, fireman, chaplain, or state employee, member of the Armed Forces, member of the Illinois National Guard while on active military service pursuant to an order of the President, or a member of the reserve component of the Armed Forces of the U.S. while on active military service pursuant to an order of the President.
For Armed Forces members, if no beneficiary is designated or the beneficiary does not survive, then the benefits will be paid to the beneficiary listed on the Armed Forces member’s Servicemembers’ Group Life Insurance. If no such group life insurance exists, then benefits will be paid to the beneficiaries listed under the legally binding will.
The compensation provided for in this Act is in addition to, and not exclusive of, any pension rights, death benefits or other compensation otherwise payable by law.
If you are a police officer or firefighter who was injured in the Line-Of-Duty and do not know where to start looking for relief? Are you in need of fire or police benefits? Watch our video to see how an attorney for first responders can help you!
The Eames Law Group is an experienced law firm that guides people who have suffered serious personal injuries and work accidents. They help residents of Illinois gain their lives back after accidents, by managing medical bills and financial setbacks. Brent Eames is a Work Comp Lawyer for first responders who will help people obtain the appropriate compensation and medical assistance after suffering an injury. For more information, contact us to meet with the Eames Law Group and learn about the legal services they offer.
IMPORTANT NOTICE: The information on this website is for informational purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship. For more information, contact us to meet with the Eames Law Group and learn about the legal services they offer.
