Illinois Workers’ Compensation Benefits

Experienced Chicago-Based Attorneys

Under Illinois law, injured workers are protected if they suffer an injury or illness during the course of their employment. If you get hurt or sick while at work, you can apply for Illinois workers’ compensation benefits, which is a type of insurance most employers must carry. Securing compensation after an injury can be complicated, so you may need an experienced law firm to guide you through the process.

At IL Work Injury Lawyer, our team works with sick or injured employees across the state. Our Chicago workers’ compensation attorneys will maximize your chances of fair compensation for medical costs and other benefits, ensuring the employer and insurance company provide benefits. 

What Benefits Does Workers’ Compensation in Illinois Provide?

The primary piece of legislation that governs workers’ compensation insurance is state law 820 ILCS 305 (the Workers’ Compensation Act). This Illinois law requires all employers in the state, with few exceptions, to pay for workers’ compensation insurance for sick or injured employees. 

Let’s explore the primary benefits you can receive with a successful claim.

Medical Care Benefits

If you suffer a workplace injury or illness, you may face significant medical bills from your diagnosis and treatment plan. Workers’ compensation benefits can cover all reasonable expenses associated with your medical care. This can include doctor visits, surgery, hospital stays, emergency room visits, physical therapy, medications, assistive devices, and even mileage reimbursement for appointments. 

In most cases, injured employees can choose their own treating physician. You must keep accurate medical records to document your treatment and receive coverage via medical benefits. 

Temporary Partial Disability

If you suffer an injury that temporarily forces you into a reduced role at work, you can apply for compensation to make up the difference in wages. This is called temporary partial disability. Wage replacement is typically calculated as two-thirds of your average weekly wage (AWW). 

AWW is calculated by adding your total earnings from the previous 52 weeks, which can include overtime and other unique pay structures. This total is then divided by 52 to determine your AWW. For most disability wages, you can receive up to two-thirds of the difference in income. 

Temporary Total Disability

Your injury may force you out of work completely for a temporary period. In this case, you can receive compensation for lost income while you recover. You must have a high enough disability rating to receive temporary total disability benefits. The amount will likely be up to two-thirds of your AWW.

Disputes over how your AWW is calculated often arise, with insurance companies working hard to pay out less money. Our law firm will seek financial documentation to prove your earnings and ensure a fair calculation of your income. 

Permanent Partial Disability 

Some job-related injuries and occupational diseases can cause lifelong effects, such as a diminished ability to work. Wage differential, disfigurement, and the schedule of injuries per body part can mean you are eligible for permanent partial disability. These benefits include ongoing payments to compensate for the lost income. 

The Illinois Workers’ Compensation Commission (IWCC) is typically responsible for determining awards for insurance benefits. This will include assessing your disability rating to determine which benefits you qualify for. 

Permanent Total Disability

Injured employees who are unable to return to work in any capacity may be eligible for permanent total disability benefits. These are ongoing payments that serve as wage replacement for the employee. They are typically reserved for injured employees with very high disability ratings.

However, you could also apply for these workers’ compensation benefits under the “odd lot” doctrine. This legal statute applies if the combination of your injury and other factors means you cannot find gainful employment. For example, a warehouse worker with a bad back injury and no educational background could receive PTD because they have tried and failed to find new jobs, even if their disability is not total. 

Vocational Rehabilitation Benefits

If you cannot return to your previous job, you may need to pay for expenses associated with training or becoming certified for a new role. Vocational rehabilitation benefits can cover these expenses. 

For example, if you used to work in a manual labor role, a significant injury may prevent you from ever holding a similar position again. However, you could choose to return to school to pursue a new degree for other employment opportunities, and workers’ compensation insurance could cover costs like tuition, books, transportation, and supplies. 

Death Benefits

Certain dependent survivors often face significant financial concerns when a worker dies on the job. Spouses, minor children, and other dependents can apply for death benefits through workers’ compensation insurance. 

This type of compensation includes ongoing weekly payments to the surviving family members, as well as coverage for funeral and burial expenses. In Illinois, ongoing payments are maxed out at 25 years of payments or $500,000 total, whichever is greater. Additionally, employers must pay up to $8,000 for funeral or burial costs. 

How to File a Workers’ Compensation Claim in Illinois

If you want to receive workers’ compensation insurance, you must follow the appropriate steps to file your claim. Here is what you should do after suffering from a workplace injury or sickness:

• Report the injury to your employer within 45 days
• Seek immediate medical care
• Document your job-related injuries
• File your claim with the IWCC
• Retain all medical records and income loss documentation
• Consult IL Work Injury Lawyer for help with denials or insufficient workers’ compensation benefits

Under the statute of limitations, you will have three years from the date of your injury or two years from the last benefit payment, whichever is later, to file your workers’ compensation claim. 

Can I Receive Other Benefits Alongside Workers’ Compensation?

For more severe injuries, other benefits may be available outside of workers’ compensation insurance. The different types of compensation you may receive include Social Security benefits and third-party injury claims. 

Social Security Disability Benefits

Social Security is a federal government program that can provide monthly payments for those who have suffered injuries that prevent them from working. If you have been paying into Social Security and suffer an eligible injury or disease, you can receive payments beyond workers’ compensation benefits. 

Compensation from Third-Party Work-Related Injury Claims

If someone other than your employer is at fault for your injuries, you can seek compensation via a personal injury claim. Unlike workers’ compensation, these claims require proof of negligence. If successful, the at-fault parties, such as independent contractors, manufacturers, or reckless drivers, would cover legal damages.

Damages that can be paid in a third-party liability lawsuit can include lost income, medical expenses, future medical costs, property damage, mental health conditions, pain and suffering, and loss of normal life. 

How IL Work Injury Lawyer Can Help

IL Work Injury Lawyer has the experience needed to help you secure medical benefits, disability payments, and other monetary losses through workers’ compensation. Our attorneys are recognized among the top 5% by Super Lawyers, and we maintain a five-star rating from AVVO. 

Our legal services include:

• Investigating your workplace injury
• Determining liability if third parties are involved
• Submitting the claim within the filing period
• Appealing denials with the IWCC in an emergency hearing
• Litigating in circuit court if necessary

Past Workers’ Compensation Settlements

$14.2 million – Jose and three coworkers were sorting shipments inside a distribution hub near Cicero Avenue when the warehouse roof caved in during a heavy snowstorm. The collapse trapped them under debris, causing multiple fractures and head injuries. Investigators uncovered long-ignored structural warnings, which significantly increased the case value.

$7.4 million – While cleaning a massive storage tank at a Little Village food processing plant, 33-year-old Maribel was engulfed in a caustic chemical mist due to a faulty pressure valve. She sustained severe burns over her torso and arms. The settlement reflected not only her medical expenses, but also permanent scarring and loss of earning capacity.

$4.9 million – Elliot, an electrician, fell 20 feet while installing ceiling lights in a Loop office building. The ladder, supplied by the building owner, was found to have a hidden structural defect. His spinal injuries required multiple surgeries and left him unable to return to his trade.

$1.8 million – Patrick, a union laborer working on a West Loop high-rise, fell from scaffolding when a safety railing gave way. His severe injuries ended his career, and the settlement contract was structured to cover both long-term medical care and replacement of lost wages for life.

FAQs

How does maximum medical improvement affect workers’ comp benefits?

Maximum Medical Improvement (MMI) is considered when allocating workers’ comp benefits. It is the best condition you can achieve from your recovery with effective treatment. If you have reached MMI based on a doctor’s assessment and cannot return to work at full capacity, this will affect potential benefits for permanent disability. 

Do workers’ compensation claims recover all lost wages?

In general, a workers’ compensation claim can replace up to two-thirds of your lost wages. Whether you are out of work completely or forced to work at a diminished capacity, workers’ compensation will only cover up to two-thirds of the difference. 

How much does a workers’ compensation lawyer cost in Chicago?

At IL Work Injury Lawyer, we work on a contingency fee basis. This means you owe nothing unless we win. 

Book a Free Consultation

Our Chicago work injury lawyer legal team is ready to help you win your workers’ compensation claim. Whether you are struggling to prove a work-related accident or your claim has been denied, we will gather evidence and fight for fair compensation from the insurance company. 

With a contingency fee agreement, there are no upfront costs for our services. Contact us today to schedule a free consultation.