Illinois Workers’ Compensation Benefits Overview

Under Illinois workers’ compensation law, there are many benefits available to someone who has sustained an injury on the job. The following is a quick overview of what you can recover if you are hurt. Or if you have any questions or need a lawyer referral, contact our office to speak to a lawyer for free who will point you in the right direction.

Illinois is a no fault law which means that if you are hurt on the job you can’t sue your employer for negligence or recover pain and suffering benefits. You can, however, get a lot including:

Medical Benefits
In Illinois, your employer is required to pay 100% of your medical expenses, including first aid, office visits, surgical, and hospital care, and associated prescription medicine necessary to cure or relieve the effects of your injury or occupational illness. If it is prescribed by a doctor and is reasonable the insurance company should have to pay for it. You get to choose your doctor and have a right to two chains of referrals when it comes to your medical care. The insurance company can send you to a doctor of their own choosing for a one time exam, but can not make you treat with their doctor.

Temporary Total Disability (TTD) Benefits
If a doctor finds that an injured employee is unable to work while being treated for his/her injuries, he or she may be entitled to TTD benefits. In Illinois, if your qualifying injury or illness causes you to miss three or more days of work, your employer must provide you with you weekly compensation in the amount of 66.67 percent of your average weekly wages for the previous year. If you have more than one job, the additional job can be factored in to this benefit. The money you get is tax free and there is not limit as to how long you can receive it. Checks for TTD benefits should be provided either every week or every two weeks. Unfortunately many insurance companies are late with these payments causing an attorney to have to step in.

Permanent Partial Disability (PPD) Benefits
In Illinois, PPD is any lasting disability from your work injury or illness that will impact you in the future. You are entitled to compensation for PPD benefits when your doctor has found that you have reached “maximum medical improvement” and determines what your permanent physical restrictions will be, if any. These permanent restrictions are based on the nature of your injury and the extent of your recovery. Even if you make a full recovery you can still receive a settlement.

The amount of PPD benefits is determined by the part of the body that is injured, the extent of the injury, the average weekly wage the employee was earning for the 52 weeks preceding the accident and any work restrictions as determined by a medical professional. This compensation is either through settlement or arbitration award once your condition has reached a state of permanence. There are caps on what you can receive based on the body part effected as well as how much your wage was. Unlike medical and TTD benefits which are mandatory, the insurance company does not have to offer a settlement. That said, if you get an attorney and have a valid case you will get a settlement every time.

Permanent Total Disability (PTD) Benefits
A PTD is one which leaves the victim permanently unable to return to any type of work, or involves the permanent loss of both arms, both legs, both hands, both feet, both eyes, or any two of these body parts (one eye and one hand, for example). Payments are based on a schedule for specific body parts. The amount paid is 2/3 of your average weekly wage, subject to a weekly minimum and maximum. The payments last conceivably for the rest of your life.

In Illinois, there are classifications for workers who have a permanent and total disability as a result of their job injury: specific permanent and total disability; non-specific permanent and total disability; and “odd-lot” permanent disability.

Specific permanent and total disability is when an individual suffers a very specific disability. This includes loss of both hands, both arms, both feet, both legs, or two body parts from separate categories. If a worker suffers one of these losses they are considered to have a permanent and total disability. Benefits under this section are for life, and an individual may be able to continue receiving these benefits even if they return to work.

Non-specific and total disability is when a doctor determines that an individual's injury is permanent and they are physically unable to work. This may or may not include loss of a specific body part. The key is that a doctor is of the opinion that they are unable to work due to their medical condition.

“Odd-lot” permanent disability is when workers have been given permanent work restrictions by a doctor, and they are claiming that they cannot find work within those restrictions or that there is not a reasonably stable labor market for them. Factors in determining this include your disability, age, work history, language ability, other skills and desire to return to work.

You can receive PTD benefits without being confined to a wheelchair or your house. It just means that you have a major, life impacting injury.

Death Benefits
If a work accident or occupational illness results in death, the worker's spouse and/or children are eligible to receive death benefits of 66.66 percent of the deceased employee's average weekly wage. Death benefits are paid for 25 years or $500,000, whichever is greater.

Vocational Rehabilitation
If you can no longer work your normal job because of permanent physical restrictions, the insurance company may have to offer you assistance in looking for a new job or provide you training for a new line of work. This training can include computer classes, language skills and even college tuition. During vocational rehabilitation you should receive maintenance benefits which is basically TTD.

Wage Differential
After vocational rehabilitation, if you can no longer make as much money as used to, your former employer will have to make up the difference of 2/3 of what you could be making in the old job compared to what you can make. So if in the old job you currently would be making $1,200 a week, but now you can only make $600 a week, they would have to pay you $400 a week tax free. Theoretically this could last for as long as you live. A lawyer adds great value on issues like this as insurance companies will surely try to say you can earn more than you really can.

Determining Illinois workers’ compensation disability benefits can be very confusing. Please contact us if you have any questions or would like a referral to a qualified and experienced Illinois workers’ compensation attorney.