Teachers And Illinois Workers’ Compensation

We are Illinois attorneys who since 2001 have been helping injured workers find the best lawyer for their case. Contact us at 800-517-1614 to get a free case review. We cover all of Illinois.

When you think about work related injuries, teachers might not be the first job that comes to mind. The reality is that it can be dangerous work. One study showed that more than 175,000 teachers per year are injured in a way that required medical attention. That is a huge number for what is perceived as a light duty job.

We have helped hundreds of teachers get pointed in the right direction after a work injury. By far the most common cause of an accident in school is a trip and fall of some sort. There are wet floors, desks in tight spaces, kids everywhere, icy parking lots, uneven surfaces and some old buildings that come with their own hazards. But there are a lot of other ways teachers get hurt too including:

• Violence – The most common way is when you are forced to break up a fight, but of course there are times when students attack teachers too.
• Repetitive activities – Some teaching jobs involve a lot of typing and that can lead to injuries like carpal tunnel syndrome.
• Lifting injuries – Picking up a child, moving a desk, lifting heavy materials, etc. All of these can cause back and arm pain.
• Sports – Even if you are not a gym teacher, you might coach a team or help out at recess. We’ve helped teachers who tore their ACL’s coaching basketball, broke their ankle from a hole during recess and have been in car accidents on the way to a game

The list could go on as teachers can really get hurt in so many different ways.

While teachers get the same Illinois work comp benefits as all other employees, there is one key difference. It has to do with your wages and if you are not aware of it, it could cost you tens of thousands of dollars.

Illinois work comp benefits are paid based on your average weekly wage (AWW). If you make $104,000 a year and work 52 weeks a year, your average weekly wage would be $2,000.  Many teachers get paid for 52 weeks, but really only work 40 weeks or so. Insurance companies will tell you that your average wage should be based on how often you get paid, but that is not the law in Illinois.

If you are a teacher who makes $60,000 a year and work 40 weeks a year, your average weekly wage is $1,500. If the insurance company got their way, they would divide your wages by 52. That would make your AWW $1,153 and would greatly reduce your benefits and eventual settlement. An experienced attorney won’t let that happen. You don’t get punished because you don’t work for them in the summer or over any school breaks. Your weekly wage should be based on actual weeks worked. You also get to include second jobs into the calculation if you have one and your school is aware of it. And your union can’t bargain away this right. It is Illinois law that benefits you.