The Illinois Workers’ Compensation Commission (IWCC) Petition for Penalties and Attorney’s Fees is the motion an injured worker files to ask the Commission to punish an employer or insurance carrier that has unreasonably delayed, denied, or underpaid workers’ compensation benefits under the Illinois Workers’ Compensation Act. The petition asks for extra money on top of the unpaid benefits, and it also asks the Commission to make the carrier pay your attorney’s fees, all under three statutes: Section 19(k), Section 19(l), and Section 16 of the Act.
If you skip a box, miss a date, or forget to attach proof of the unpaid benefits, the Commission can deny the entire petition, even when the carrier clearly broke the rules. A 19(k) penalty is worth up to 50% of the unpaid amount, and the Edelman Law Office summary confirms 19(l) penalties can hit $30 per day up to a $10,000 cap, so getting this petition right matters.
In this guide you will learn:
- 📄 What the IWCC Petition for Penalties form is and how it ties into Section 19(k), 19(l), and 16 of the Act
- 🧾 The exact documents and case data you must gather before you start writing the petition
- ✍️ A line-by-line walkthrough of every box on the petition, written in plain English
- 👥 Three real filing scenarios that show what TTD-delay, surgery-denial, and PPD-underpayment filers actually write
- ⚠️ The most common mistakes filers make on this petition and the real-world consequence of each one
What the Petition for Penalties and Attorney’s Fees Is and Who Must File It
The Petition for Penalties and Attorney’s Fees is a written motion filed inside an open IWCC case that asks the assigned Arbitrator (or the Commission on review) to award extra money because the employer or its insurance carrier behaved badly. It is not a stand-alone lawsuit. It rides on top of an existing claim that started with an Application for Adjustment of Claim on Form IC1 or IC2. The petition is the vehicle the Commission uses to apply the penalty statutes inside the Workers’ Compensation Act, 820 ILCS 305.
Three statutes power the petition. Section 19(k) of the Act, available in the official ILGA text, allows up to 50% of the unpaid compensation when the delay is “unreasonable or vexatious.” Section 19(l) creates a $30-per-day late fee, capped at $10,000, with a 14-day rebuttable presumption of unreasonable delay. Section 16 lets the Commission make the carrier pay 20% of recovered compensation as attorney’s fees on top of penalties.
Anyone with an open IWCC claim can file this petition. Pro se injured workers, claimant-side attorneys, paralegals working under attorney supervision, and even surviving spouses in death cases all use it. Petitioners typically file when temporary total disability (TTD) checks stop, surgery is refused after a Section 12 IME, or the carrier fails to pay an arbitration award within 30 days of when it becomes final. The Commission expects every filer, attorney or not, to use the exact case caption and Commission file number printed on the original Application.
The respondent is always the employer, sometimes joined by the insurance carrier or third-party administrator. Self-insured employers and uninsured employers are still respondents. Even municipalities and the State of Illinois can be hit with penalties when they unreasonably delay benefits, although sovereign immunity defenses sometimes affect collection.
Before You Start: Documents and Information You Need
Penalty petitions live and die on documentation. The Arbitrator looks at dates, dollar amounts, and proof of delay, so a thin filing usually loses. Gather every record below before you open the form. Missing a single piece can convert a winning petition into a denial because the Bowen v. IWCC court reminds us that the burden of proving unreasonable delay sits on the petitioner.
Use this pre-filing checklist:
- IWCC Case Number from your Application for Adjustment of Claim, because the petition must reference the same docket
- Date of accident, in MM/DD/YYYY format, because every Commission file is indexed by accident date
- Average Weekly Wage (AWW) calculation, because the TTD rate flows from the AWW under Section 10
- Complete TTD payment ledger from the carrier, because you need exact dates of each missed or late check
- All medical bills and treatment records that the carrier delayed or refused to pay, because Section 19(k) covers medical too
- The carrier’s denial letter, Section 12 IME report, or claim notes that show why payment stopped, because that proves “vexatious” intent
- Proof of service or correspondence showing you demanded payment before filing, because many Arbitrators expect a demand letter
- A signed contract for legal services if an attorney is involved, because Section 16a(C) requires a written fee contract on Commission forms
- Affidavit of the petitioner under oath, because the petition must be verified to carry evidentiary weight
- Prior arbitration decision or settlement contract if penalties relate to non-payment of an award, because the 30-day post-finality clock starts there
Without each item, the carrier’s defense attorney will move to strike or argue the record is incomplete, and Arbitrators routinely deny petitions that lack a clean payment ledger.
Where to Get the Form and How to Access It
The IWCC does not publish a single dedicated “Petition for Penalties” PDF the way it publishes Form IC1. Instead, filers use the IWCC Notice of Motion and Order (Form IC04) and check the boxes for “Penalties under Sect. 19(k) (#1911),” “Penalties under Sect. 19(l) (#1912),” “Fees under Section 16 (#1600),” and “Fees under Section 16a (#1645).” The petition itself is then drafted as an attached pleading that supplies the facts, dates, and dollar amounts.
You can also find the penalty section embedded directly inside the Request for Hearing form (IC09), which has a check-box reading: Petitioner claims to be entitled to penalties/attorney’s fees under §19(k) ___ §19(l) ___ and/or §16 ___. That language is the bare minimum needed to preserve the issue at trial, but a stand-alone petition with detail is far stronger.
The IWCC forms library hosts every form mentioned above. The Commission accepts Word documents, PDFs, and Commission-stamped paper originals. Always confirm you have the most recent revision date printed in the lower margin of the form before you file, because the Commission updates IC04 and IC09 every few years and stale versions can be rejected by the docket clerk.
Step-by-Step: How to Fill Out the Petition for Penalties Line by Line
This is the spine of the article. The petition has several core sections: the caption, the statutory checkboxes on the IC04, the factual recital, the statutory basis, the prayer for relief, the verification, and the proof of service. Each gets its own H3 walkthrough below.
Box 1: Case Caption (Petitioner v. Respondent)
This box asks for the case name, exactly as it appears on the original Application for Adjustment of Claim. The Petitioner is the injured worker, and the Respondent is the employer.
Write the petitioner’s full legal name in all capital letters, then “v.”, then the respondent employer’s full corporate name in all capital letters. Use the format that appears on the Application, including LLC, Inc., or d/b/a designations.
For example, MARIA LOPEZ v. RIVERTOWN LOGISTICS, LLC.
If the employer changed names, was acquired, or now operates under a d/b/a, list the legal entity that was the employer on the date of accident, not the current name. Listing the wrong corporate entity is a common error.
A common mistake is dropping the LLC or Inc. suffix because the filer thinks it does not matter. The consequence is that the carrier’s lawyer can move to strike for failure to name the proper respondent, costing weeks of delay.
A misconception filers carry is that the caption can be shortened to a familiar trade name. The Commission docket only matches the legal name on file, so trade names cause clerical rejection.
Box 2: IWCC Case Number
This box asks for the unique docket number assigned when you filed the Application. The format is typically YY WC NNNNN (two-digit year, “WC,” and a five- or six-digit serial number).
Copy the case number exactly from the Commission’s stamped Application or from any Commission notice you received. Use no spaces other than between “WC” and the serial number.
For example, 24 WC 018472.
If you have multiple cases pending against the same employer for different accidents, file a separate petition under each case number. One petition cannot cover two dockets.
A common mistake is writing the carrier’s internal claim number instead of the IWCC case number. The consequence is that the docket clerk cannot match the filing to a case file, and the petition sits in limbo for weeks.
A misconception is that the case number is optional if the caption is correct. The Commission’s Rules of Practice, 50 Ill. Adm. Code 9020 require the case number on every pleading.
Box 3: Date of Accident
This box asks for the precise date the work injury happened, the same date listed on the original Application. Use MM/DD/YYYY format.
Write the date with leading zeros and four-digit year, exactly as printed on the Application and on the carrier’s first report of injury.
For example, 07/14/2024.
For repetitive trauma injuries with no single accident, list the date of “manifestation,” meaning the date the worker first knew or should have known the condition was work-related, consistent with Durand v. IWCC line of cases.
A common mistake is using the date of surgery or the date of disability instead of the accident date. The consequence is that the petition does not match the docket, and the Arbitrator may strike the filing.
A misconception is that an approximate month and year is enough. The Commission and the carrier’s defense both use the exact accident date to compute statutory deadlines.
Box 4: Statutory Basis Checkboxes (19(k), 19(l), 16)
This box, mirrored on Form IC04, asks which penalty and fee statutes you are invoking.
Check every box that applies. Most experienced filers check 19(k) (#1911), 19(l) (#1912), and 16 (#1600) together because the three statutes are stacked: 19(l) is a late fee, 19(k) is a multiplier for vexatious conduct, and 16 makes the carrier pay your lawyer.
For example, Marcus, whose carrier stopped TTD with no explanation, checks all three boxes because each statute reaches a different aspect of the same delay.
If you only have a 14-day late TTD check with no clear bad faith, you may only check 19(l). If the delay was vexatious for months, check 19(k) too. The boxes are not mutually exclusive.
A common mistake is checking only 19(l) when the facts also support 19(k). The consequence is leaving 50% of the unpaid amount on the table because the Arbitrator can only award what was pleaded.
A misconception is that checking all three doubles or triples the penalty exposure to the carrier. Each statute is independent, and the Commission can award some, all, or none.
Box 5: Statement of Facts / Factual Recital
This is the long narrative box where you tell the Arbitrator the story of the delay. It is the most important field on the petition, and the Quinn Johnston analysis of recent appellate cases shows that detailed factual recitals win penalty hearings.
Write numbered paragraphs, one fact per paragraph. Cover: the accident, the original benefit obligation, the date payments stopped or were underpaid, the demand letters you sent, and the carrier’s response or silence.
For example, Aisha writes: “1. On 07/14/2024, Petitioner suffered a low-back injury at work. 2. Respondent’s carrier paid TTD at $640.00 per week from 07/22/2024 through 11/30/2024. 3. On 12/01/2024, Respondent stopped TTD with no written explanation. 4. On 12/15/2024, Petitioner’s counsel demanded reinstatement in writing. 5. Respondent did not respond and has paid no TTD since 11/30/2024.”
If the delay involves medical bills, list each unpaid CPT code and provider with the date of service. If it involves a denied surgery, attach the IME and the treating physician’s recommendation.
A common mistake is writing one paragraph that bundles all facts together. The consequence is that the carrier can deny “each and every allegation” generically, and the Arbitrator has trouble pinpointing what is admitted and what is contested.
A misconception is that the petition can rely on the live testimony at trial to fill in gaps. The Commission expects the petition itself to show prima facie entitlement; testimony only supplements.
Box 6: Specific Dates and Dollar Amounts of Unpaid Benefits
This box, often inside the factual recital, asks for an exact ledger of what should have been paid versus what was paid.
Use a two-column format: dates of nonpayment on the left, dollar amounts on the right. Show the math: weekly TTD rate × number of weeks = total owed.
For example, “12/01/2024 through 03/15/2026 = 67 weeks × $640.00 = $42,880.00 in unpaid TTD.”
If the rate changed because of a state maximum increase, show both rates and the date of the change. The Commission updates maximum and minimum rates every six months.
A common mistake is rounding to the nearest hundred dollars or estimating “about $40,000.” The consequence is that the Arbitrator cannot calculate a 50% Section 19(k) penalty without an exact base, and the award gets reduced or denied.
A misconception is that interest or COLA gets added automatically. Penalties under 19(k) and 19(l) are computed on the unpaid principal, not on inflated figures.
Box 7: Statutory Basis Paragraph
This box restates the legal basis under each statute you checked. It is a short legal section, usually three to five sentences.
Cite each statute by full citation: 820 ILCS 305/19(k), 820 ILCS 305/19(l), and 820 ILCS 305/16. Quote the operative language. The ILGA full text gives the exact wording.
For example, “Pursuant to 820 ILCS 305/19(l), Respondent’s failure to pay TTD for more than 14 days creates a rebuttable presumption of unreasonable delay, entitling Petitioner to $30 per day, not to exceed $10,000.”
For 19(k), describe the conduct as “unreasonable or vexatious,” and for Section 16, allege that the case is one in which 19(k) penalties are warranted, which triggers the 20% fee shift.
A common mistake is citing the statute without quoting or paraphrasing the language. The consequence is that pro se filers in particular get challenged on whether they actually pleaded the elements.
A misconception is that 19(l) requires proof of bad faith. The Bowen decision clarifies that 19(l) is a “late fee” that does not require bad faith, only delay.
Box 8: Prayer for Relief
This box tells the Arbitrator exactly what you want awarded. It must list dollar amounts or formulas.
Write a “WHEREFORE” paragraph followed by lettered subparts asking for: (a) 19(k) penalties of 50% of unpaid compensation, (b) 19(l) penalties of $30 per day up to $10,000, (c) Section 16 attorney’s fees of 20% of recovered compensation, and (d) any other relief the Commission deems just.
For example, “WHEREFORE, Petitioner prays for an award of (a) $21,440.00 under §19(k); (b) $10,000.00 under §19(l); (c) attorney’s fees of 20% under §16; and (d) such other relief as the Commission deems just.”
If you do not yet know the exact 19(l) day count, plead “in an amount up to $10,000.00 to be proved at hearing.”
A common mistake is asking for a single lump sum without breaking down which statute supports which dollar. The consequence is that on appeal the Appellate Court cannot tell whether the award was duplicative.
A misconception is that asking for “all penalties allowed by law” is enough. Illinois pleading rules require specificity, and vague prayers get reduced.
Box 9: Verification / Affidavit
This box is a sworn statement that the facts in the petition are true. It is required for any motion that turns on disputed facts.
Use the Illinois statutory language: “Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct…” Sign and date.
For example, Carlos signs “/s/ Carlos Mendez, 03/01/2026.”
If the petitioner cannot sign personally because of injury, an attorney-in-fact under a power of attorney may sign with proof attached.
A common mistake is leaving the verification blank or signing the petition itself without a separate verification clause. The consequence is that the Arbitrator can treat the factual allegations as unsworn and refuse to consider them at the penalty hearing.
A misconception is that a notary is always required. The Section 1-109 certification has the same legal effect as a notarized affidavit and is generally accepted by the Commission.
Box 10: Notice of Motion and Hearing Date
This box, on the IC04 cover sheet, tells opposing counsel when and where the petition will be heard.
List the Arbitrator’s name, the hearing zone, the call date, and the time. Most Arbitrators have a specific motion call day each month. Confirm by calling the IWCC zone office or checking the call sheet.
For example, “This motion will be heard before Arbitrator Smith, Zone 1, on 04/12/2026, at 9:00 a.m.”
If the case is on review at the Commission rather than before an Arbitrator, list the three-Commissioner panel and the review call date instead.
A common mistake is choosing a date with less than the required notice period under Rule 9020.70. The consequence is the motion gets continued and the penalties keep accruing without resolution.
A misconception is that you can pick any date. Each Arbitrator has assigned motion days, and filing for a non-motion day will be denied by the docket clerk.
Box 11: Proof of Service
This box certifies that the petition and notice were served on opposing counsel or the unrepresented respondent.
State the method (email, U.S. mail, hand delivery), the address served, and the date. Sign under Section 1-109 again. The Commission’s Rules of Practice recognize email service when consented.
For example, “On 03/02/2026, I served this petition on Respondent’s counsel, Jane Doe, at jdoe@defensefirm.com, by email.”
If the respondent is pro se or unrepresented, serve the registered agent of the corporation or the employer’s last known business address.
A common mistake is serving the carrier’s adjuster instead of defense counsel of record. The consequence is that defense counsel can claim lack of service and get the motion stricken.
A misconception is that filing with the Commission counts as serving the other side. The Commission does not serve pleadings for you; service is the filer’s job.
Three Filled-Out Examples Using Real Scenarios
Each scenario below shows what one filer enters across the petition. Use these as templates only; adapt to your own facts.
Scenario 1: Marcus, TTD Stopped Without Explanation
Marcus is a 38-year-old warehouse worker whose TTD checks stopped on 12/01/2025 with no letter and no IME.
| Form Section | What Marcus Enters |
|---|---|
| Caption | MARCUS JOHNSON v. RIVERTOWN LOGISTICS, LLC |
| IWCC Case Number | 25 WC 014782 |
| Date of Accident | 09/03/2025 |
| Statutory Boxes Checked | 19(k), 19(l), and 16 |
| Statement of Facts | Six numbered paragraphs reciting injury, payment history, demand letter, and 90 days of nonpayment |
| Unpaid Amount | 14 weeks × $720/week = $10,080.00 |
| Prayer for Relief | $5,040 (19(k)) + $4,200 (19(l) at $30/day × 140 days, capped) + 20% attorney’s fees |
| Verification | Signed under Section 1-109, dated 03/01/2026 |
| Proof of Service | Email to defense counsel, 03/01/2026 |
Scenario 2: Aisha, Surgery Authorization Refused After IME
Aisha is a 45-year-old nurse whose lumbar fusion was recommended by her treating surgeon but refused by the carrier after a Section 12 IME.
| Form Section | What Aisha Enters |
|---|---|
| Caption | AISHA PATEL v. NORTHWEST MEDICAL CENTER, INC. |
| IWCC Case Number | 24 WC 022119 |
| Date of Accident | 06/22/2024 |
| Statutory Boxes Checked | 19(k) and 16 (no TTD interruption, so 19(l) less central) |
| Statement of Facts | Eight numbered paragraphs covering treating recommendation, IME, refusal, and demand |
| Unpaid Amount | Estimated medical of $86,400 for surgery and post-op |
| Prayer for Relief | $43,200 (19(k)) + 20% Section 16 fees |
| Verification | Signed under Section 1-109, dated 03/15/2026 |
| Proof of Service | Email and U.S. mail to defense counsel and carrier, 03/15/2026 |
Scenario 3: Janet, PPD Award Underpaid After Final Decision
Janet is a 52-year-old assembly worker whose PPD award was finalized on 12/01/2025 and paid 30% short by the carrier.
| Form Section | What Janet Enters |
|---|---|
| Caption | JANET WILLIAMS v. ACME MANUFACTURING CO. |
| IWCC Case Number | 22 WC 008341 |
| Date of Accident | 03/19/2022 |
| Statutory Boxes Checked | 19(k), 19(l), and 16 |
| Statement of Facts | Recites award, the partial payment, the demand for the balance, and 60 days of underpayment |
| Unpaid Amount | $24,000 of $80,000 PPD award |
| Prayer for Relief | $12,000 (19(k)) + $1,800 (19(l) at $30/day × 60 days) + 20% attorney’s fees |
| Verification | Signed under Section 1-109, dated 02/01/2026 |
| Proof of Service | Hand delivery to defense counsel, 02/01/2026 |
A fourth named example is Carlos Mendez, a roofer whose mileage reimbursements were unpaid for nine months, who used the petition to recover $4,200 in mileage plus 19(k) penalties. A fifth is Linda Park, a teacher’s aide whose vocational rehabilitation maintenance payments were cut, who recovered both 19(l) and 19(k) penalties through the petition.
How to File the Completed Form
The IWCC accepts penalty petitions through three channels: in-person filing at a Commission office, U.S. mail, and email through the IWCC e-filing addresses for each zone. Choose based on speed, proof needs, and your distance to a Commission location.
For in-person filing, take three copies of the petition (original for the file, file-stamped copy for you, and one for service) to the IWCC Chicago office at 100 W. Randolph Street, Suite 8-200, Chicago, IL 60601, or the appropriate downstate office. There is no filing fee for a penalty petition. Bring photo ID. The clerk file-stamps and returns your copy as proof of filing.
For U.S. mail, send by Certified Mail, Return Receipt Requested, to the same address. Include a self-addressed stamped envelope so the clerk returns a file-stamped copy. Processing time is typically 5–10 business days. Keep the green card as proof of filing date.
For email filing, send a single PDF to the zone-specific Commission email listed on the IWCC website. The Commission’s automatic acknowledgement email is your proof of filing. There is still no fee. Email filing usually posts to the docket within 2–3 business days.
Service on opposing counsel must happen the same day or the next business day. Use email if the parties have agreed to it; otherwise use U.S. mail or personal service. Always retain the proof of service.
What Happens After You File
Once the petition is filed and served, the Commission’s docket clerk routes it to the assigned Arbitrator. The Arbitrator schedules a hearing, often on the next motion call within 30–45 days. The carrier’s defense lawyer typically files a written response and may move to consolidate the petition with the underlying 19(b) hearing.
At the hearing, the petitioner has the burden to show by a preponderance of the evidence that the delay was unreasonable. The carrier can rebut the 14-day presumption under 19(l) by showing a “good and just cause” such as a credible IME report. The Commission then issues a written decision awarding, reducing, or denying the penalties.
If the Commission awards penalties, the carrier has 30 days to either pay or seek review. Review goes first to the three-Commissioner panel and then, on further appeal, to the Circuit Court and Illinois Appellate Court Workers’ Compensation Commission Division. The Millennium Knickerbocker Hotel decision shows the deferential standard the Appellate Court applies on review.
Penalties are paid on top of the underlying compensation. The carrier cannot deduct attorney’s fees from the petitioner’s award; Section 16 fees are paid in addition by the respondent.
Mistakes to Avoid When Filling Out the Form
Each mistake below has caused petitions to fail. Avoid all of them.
- Filing under the wrong IWCC case number, which sends the petition to the wrong file and delays the hearing
- Listing the carrier instead of the employer as Respondent, which gets the motion stricken because the carrier is not a party
- Failing to check the 19(k) box when the facts support it, which forfeits 50% penalties because Arbitrators only award what is pleaded
- Omitting the dollar-by-dollar payment ledger, which makes a 19(k) award uncomputable
- Forgetting the Section 1-109 verification, which lets the Arbitrator disregard the factual allegations
- Serving the adjuster instead of defense counsel of record, which creates a service defect
- Picking a hearing date that violates the Arbitrator’s motion-call schedule, which causes a continuance and accruing delay
- Failing to attach medical records or denial letters, which leaves the carrier’s “good cause” defense unrebutted
- Pleading 19(l) penalties greater than $10,000, which exposes the petition to a partial denial because the cap is statutory
- Confusing accident date with disability date, which misroutes the petition to the wrong docket
- Omitting the demand letter or pre-filing notice, which weakens the “vexatious” element of 19(k)
- Asking for a lump-sum award without breaking down each statute, which causes the appellate court to vacate for ambiguity
Do’s and Don’ts
Do:
- Do quote the operative statutory language for each section, because Arbitrators reward precise pleading
- Do attach the carrier’s payment ledger and the denial letter, because primary evidence wins penalty hearings
- Do verify under Section 1-109, because unsworn factual allegations can be ignored
- Do break the factual recital into numbered paragraphs, because the carrier must answer each one
- Do compute the exact dollar exposure under each statute, because vague prayers get reduced
- Do confirm the hearing date with the Arbitrator’s clerk, because motion-call rules vary by zone
Don’t:
- Don’t combine multiple cases into one petition, because each IWCC docket is separate
- Don’t rely on trial testimony to supply facts missing from the petition, because the Arbitrator wants prima facie pleading
- Don’t ignore the 14-day rebuttable presumption rule, because it shifts the burden to the carrier
- Don’t sign the petition before the facts and dollar amounts are final, because amendments require leave of the Commission
- Don’t serve only the carrier’s claims department, because that is not legal service on a party
- Don’t use stale form revisions, because the docket clerk can reject filings on outdated forms
Pros and Cons of Filing on Your Own vs. With Help
Pro Se Pros:
- No upfront legal cost, which matters when TTD has been cut
- Full control over the petition’s facts and tone
- Faster drafting because you know your own case
- Direct contact with the Arbitrator’s clerk
- Useful for small 19(l) claims under $1,000 where the legal fee may exceed the recovery
Pro Se Cons:
- Risk of pleading defects that lose the entire petition
- No ability to negotiate Section 16 fee shifting effectively
- Difficulty cross-examining the carrier’s adjuster at hearing
- No knowledge of Arbitrator preferences
- Difficulty handling appellate review if the carrier challenges the award
With Attorney Pros:
- Section 16 makes the carrier pay 20% in attorney’s fees, often at no net cost to the petitioner per the Vasilatos Injury Law summary
- Experienced drafting that uses Bowen and Millennium Knickerbocker case law
- Skilled cross-examination of carrier witnesses
- Better settlement leverage because penalties create exposure
- Better appellate posture if the carrier seeks review
With Attorney Cons:
- 20% contingency fee on the underlying compensation per McHargue Law
- Slower drafting because counsel must learn the file
- Less personal control over tone
- Sometimes a fee dispute under Section 16a
- May discourage filing small petitions under $500
FAQs
Can I file a Petition for Penalties without a lawyer in Illinois?
Yes. Pro se petitioners may file directly with the IWCC. The Commission accepts pro se filings, although attorney representation often improves outcomes because Section 16 shifts the fee to the carrier.
Is there a filing fee for the IWCC Petition for Penalties?
No. The Commission does not charge a fee to file a penalty petition or any other motion in an open workers’ compensation case. The petitioner only pays for postage or e-filing software.
Do I need to use Form IC04 or can I draft my own pleading?
Yes. Most filers use Form IC04 as a cover sheet and attach a custom pleading with facts, dollar amounts, and prayer for relief. The Commission accepts both forms together.
What is the maximum penalty under Section 19(l)?
Yes, there is a cap. Section 19(l) penalties are limited to $30 per day up to a maximum of $10,000 for the failure to pay TTD or medical benefits under Section 8(a) or 8(b).
Do I write the carrier’s claim number or the IWCC case number in Box 2?
No, never the carrier’s claim number. Always use the IWCC docket number printed on your stamped Application for Adjustment of Claim, formatted as YY WC NNNNNN.
Should I check all three statutory boxes (19(k), 19(l), 16) by default?
Yes, when facts support each one. Stacking the statutes is standard practice because each addresses a different aspect of delay, and unchecked boxes cannot be awarded later.
Can penalties be awarded if the carrier had a Section 12 IME report?
Yes, but harder. An IME can establish “good and just cause” for delay, rebutting the 19(l) presumption, but the Arbitrator can still award penalties if the IME was a sham or unreasonable.
Does the verification block require a notary?
No. A Section 1-109 certification has the same legal effect as a notarized affidavit and is accepted by the IWCC for penalty petitions.
Can I get penalties on unpaid medical bills, not just TTD?
Yes. Section 19(k) reaches any “compensation” owed, which includes Section 8(a) medical, vocational rehab maintenance, mileage, and prosthetics, not only weekly TTD checks.
How long does the carrier have to respond to a Petition for Penalties?
Yes, there is a window. The carrier typically must respond by the noticed motion date, often 14–30 days out, depending on the Arbitrator’s local motion-call rule.
Can I amend the petition after I file it?
Yes. With leave of the Commission, the petitioner can amend to add new dates of nonpayment or correct errors, although repeated amendments can annoy the Arbitrator.
Do penalties accrue while the petition is pending?
Yes, for 19(l). The $30-per-day clock keeps running until payment is made or the cap is hit, even after filing, so prompt hearings increase the recovery.
What happens if I list the wrong respondent name in the caption?
No, that is not fatal. The Commission allows amendment to correct misnamed parties, but a misnamed caption can delay the hearing by 30–60 days.
Are Section 16 attorney’s fees paid on top of the 20% contingency fee?
No. Section 16 fees are paid by the carrier, but they do not stack on top of the 20% contingency the client already owes; instead, they shift the existing fee to the carrier.
Can I file a Petition for Penalties after the case has settled?
No. A signed and approved settlement contract typically waives penalty claims unless the contract expressly reserves them; reserve in writing before signing.
Is the petition the same as a 19(b) Petition for Immediate Hearing?
No. A 19(b) petition seeks expedited TTD/medical relief, while a Penalty Petition seeks punishment for delay; they are often filed together.
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