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Illinois Workers’ Compensation Statistics

Illinois workers’ compensation statistics are crucial to understanding these workplace injury claims, as they highlight non-compliance, hold negligent employers accountable, and shape policy to protect workers’ rights. Our award-winning workers’ compensation law firm in Chicago utilizes these statistics to advocate for employees across the state, ensuring that they receive fair compensation for workplace injuries. 

How Many Claims Are Filed With the Illinois Workers’ Compensation Commission Each Year?

In 2024, there were 34,366 new claims filed with the Illinois Workers’ Compensation Commission. There were 34,797 additions to the case load, the highest number in the last 4 years. 34,039 cases were closed, with 30,771 total settlements. 

Which Illinois Industries Have the Most Workplace Injuries?

Data from the Bureau of Labor Statistics (BLS) reports that there were 101,400 nonfatal illnesses and injuries in the state in 2023. The Bureau of Labor Statistics uses Total Recordable Cases (TRC), which is the number of incidents per 100 full-time equivalent workers. By using full-time equivalent, the BLS can encompass all workers. 

Across all private industry sectors, the TRC average was 2.4 cases per 100 full-time equivalent workers 

The industry with the highest injury rates was natural resources extraction and mining, with a 5.5 TRC rate. Financial activities, like accounting and trading, had the lowest TRC rates at just 0.4.

Three supersectors accounted for 74% of all injuries: trade, transportation, and utilities; manufacturing; and education and health services. TRC rates for major industries in 2023 were:

  • Construction1.9
  • Manufacturing: 3.1
  • Trade, Transportation, and Utilities: 3.6
  • Education and Health Services: 3.0
  • Food Services and Retail: 2.7

In addition to total injury rates, the Bureau of Labor Statistics gathers data on days away from work, job restrictions, and job transfer rates (DART). This better demonstrates the rates of serious injuries that require trips to the hospital or time off work. 

State government positions had the highest DART rate at 2.8, which was even higher than natural resources and extraction. The industry with the lowest DART rates was financial services, with a 0.2 rate.

What Are the Most Common Workplace Injuries in Illinois?

The Illinois Department of Public Health tracks data on illnesses and injuries that require days away from work. In 2019, the last year for which data is available, these were the most common injury types:

The least common workplace injury requiring time off work was tendonitis, with only 50 cases. 

Additionally, the Illinois Department of Public Health tracks types of accidents and injuries. In 2019, these were the top five most common causes of time off work:

Exposure to harmful substances accounted for 1,250 cases, slightly less than transportation incidents. Friday was the most common day for a workplace injury, followed by Wednesday and Thursday, respectively. 

In times when it is known how long a worker was on shift before being hurt, most injuries occurred between 2 and 4 hours after starting work for the day. Most accidents occurred between 8 am and noon

How Many Workplace Fatalities Are Recorded in Illinois Each Year?

In 2023, the Bureau of Labor Statistics data show there were 145 fatal workplace injuries in Illinois. 

The most common causes of fatal occupational injuries were as follows:

  • Transportation Incidents: 55
  • Slips, Trips, and Falls: 25
  • Contact Incidents (Struck-By, Collision): 23
  • Workplace Violence: 24
  • Exposure to Harmful Substances or Environments: 13

Which Illinois Industries Have the Most Fatal Workplace Injuries?

The transportation and materials moving industry had the highest rate of fatal occupational injuries, with 40 fatalities. Of these, 28 fatalities were transportation incidents. Within this sector, the general freight trucking sector had 17 fatal occupational injuries. 

Industries with the highest fatalities included:

  • Natural Resources and Mining: 14
  • Construction: 30
  • Manufacturing: 9
  • Trade, Transportation, and Utilities: 53
  • Professional and Business Services: 8
  • Government: 13

Employment status was also a critical factor in worker deaths. Wage and salary workers accounted for 83% of work-related fatalities, with self-employed workers accounting for only 17%. 

How Long Do Workers’ Compensation Claims Take to Resolve in Illinois?

According to the Illinois Workers’ Compensation Commission, most workers’ compensation claims are settled within two years of filing. However, this is only an estimate, and several factors determine how quickly an employee is paid.

Employer Disputes: The employer may argue that you were not an employee but an independent contractor. They may also say that your illness or injury was not work-related. 

Medical Exams: You will need to undergo medical exams to prove that you were injured and identify the cause. The insurance company may require you to undergo an exam with one of their doctors, and our firm will also arrange for a medical exam from an expert who can verify your complaints. 

Recovery Times: In general, insurance companies want to wait until you have reached maximum medical improvement before settling a workers’ compensation claim, as this allows them to assess your costs and lost wages more accurately. 

Legal Appeals: If your claim was denied and must be appealed, this will significantly add to the timeline. 

Legal Representation: Working with an attorney can speed up your case, as we will coordinate with all parties and push for a faster resolution. Our legal team has a 98% success rate and has assisted over 5,000 injury victims nationwide. 

What Percentage of Injured Workers in Illinois Are Denied Benefits?

The Illinois Workers’ Compensation Commission reports that in 2024, 7% of all workers’ compensation claims were dismissed. 87% settled out of court, while 6% were decided by the commission. However, denial rates can vary significantly by industry, from 7% to 15% or more.

Common reasons why injured workers are denied benefits include the following.

Employer Disputes: Employers may dispute your employment status, stating that you are an independent contractor and therefore not protected by workers’ comp laws. Additionally, they may argue that you were working outside of the bounds of your job duties when injured. 

Preexisting Conditions: As per the Illinois Supreme Court case McAllister v. Illinois Workers’ Compensation Commission, workers must be able to demonstrate that their injury is directly connected to their employment. This can be more challenging for workers with preexisting conditions, such as old injuries or illnesses. However, this does not mean it is impossible to secure compensation, only that we must use expert testimony to explain that your injuries match what would be expected from occupational dangers. 

Unnecessary Treatments: Employers may argue that certain medical expenses are invalid and unrelated to your injury. For example, if you receive physical therapy, they may state that these aren’t necessary for your recovery. We will refute this with expert testimony from medical professionals, explaining how this treatment will help you return to work or find employment in a new field. 

Missed Deadlines: You must report the accident or injury within 45 days to make a claim (820 ILCS 305/6(c)). The employer may insist that they were not aware of what happened, making it essential that you submit your statement in writing and ask for a copy to prove that it was received.

If you’ve been denied, you need a skilled lawyer on your side to guide you through the appeals process and ensure that you are treated fairly by the Illinois Workers’ Compensation Commission. Our Super Lawyers-rated firm is highly experienced in disputing denied benefits, with a 98% success rate across 5,000 cases nationwide. 

How Much Compensation Do Injured Illinois Workers Receive?

Workers’ compensation claims will cover all medical expenses required for rehabilitation, which can include occupational therapy, physical therapy, and medications. You can choose up to two medical providers (820 ILCS 305/8). Some companies have a list of approved physicians that you may choose from, but you are also allowed to select physicians who are not on that list. 

Your benefits will be determined by the Statewide Average Weekly Wage (SAWW). This is adjusted every six months and sets the maximum and minimum benefits for workers’ compensation.

Additionally, there are different categories depending on what types of claims you are eligible for, which is based on the type of injury that you have. There are four categories based on whether you can return to work.

Temporary Total DisabilityThis is for those who are not able to work at all while they recuperate. The maximum payment is $1,974.73. The minimum is determined by the number of dependents that you have. Those with no dependents can receive a minimum of $400.00. 

Temporary Partial Disability: Those who can return to work but are limited in what they can do can receive two-thirds of the difference between their current and previous wages up to the average weekly wage of $1,481.05.

Permanent Total Disability: Those who are unable to work at all, even in a light capacity, may receive up to $1,974.73, with a minimum of $740.53.

Permanent Partial DisabilityIndividuals who cannot be employed in their previous capacity can receive two-thirds of the difference between their pre-injury wages and current wages, up to the statutory cap of $1,481.05. They can also receive vocational training to help them transition into a new field.

Death Benefits: Loved ones of fatally injured workers may receive up to $1,974.73 a week. Benefits are paid for 25 years or up to $500,000, whichever is greater. Additionally, the Workers’ Compensation Act entitles next of kin to up to $8,000 for funeral and burial expenses (820 ILCS 305/).

Permanent total disability and death benefits are subject to rate adjustments as the state’s average weekly wage rises. 

Workers’ comp does not cover non-economic damages such as pain and suffering, emotional distress, or loss of normal life. These can only be recovered through a personal injury suit against a liable party other than your employer. Workers’ comp is a no-fault system, but it is also the only means of redress for work-related injuries caused by employers. 

Example Workers’ Compensation Claim Settlements Recovered by Our Chicago-Based Law Firm

Our law firm is a member of the Million Dollar Advocates Forum due to our high settlements, which are often far above the statewide average. Over the past 25 years, we have secured over $450 million in successful settlements and verdicts for individuals nationwide. These are just some of the many claims we have successfully litigated for our clients. 

$14,200,000: Four warehouse workers were severely injured when the roof of a Roselle distribution center caved in on them. This settlement covered their retraining needs, as several of the workers were no longer able to work in warehousing.

$7,400,000: Elsie, a 33-year-old worker at a Decatur food manufacturing plant, was severely burned by harsh chemicals while cleaning a storage tank, including facial disfigurement. This settlement paid for her medical needs and reconstructive treatments. 

$7,000,000: Roger was operating a punch press at a McKinley Park office supply facility when a defective safety mechanism caused the machine to clamp down on his hand. He ended up requiring an amputation and was not able to return to his previous position. We secured a fair offer that helped him transition into a new line of work. 

How Long Do Injured Workers Have to File a Workers’ Compensation Claim in Illinois?

Workers generally have three years after the accident or injury, or two years after their last paycheck from the company, to file a workers’ compensation claim (820 ILCS 305/6(d)). However, you must begin working with an attorney immediately so that we can preserve important evidence that will support your claim. 

How Our Work Injury Lawyers Can Help

Our skilled attorneys are members of the American Association for Justice and the Illinois Trial Lawyers Association, representing our commitment to the highest possible compensation for every client and our peerless track record at trial. 

We carefully analyze workers’ compensation statistics to better understand trends in injury rates and hold repeat offenders accountable for failing to protect workers from serious harm. Our attorneys are contributing authors to The National Law Review, where we dissect occupational statistics to understand workplace accidents and share our findings with other legal professionals. 

If you’ve been hurt at work, we’re here to help. We can assist you with the following tasks.

Investigation: While workers’ comp is a no-fault system, you must provide strong evidence connecting your injuries to your work. We will review medical records, consult with occupational safety experts, review accident reports, and speak to witnesses who can confirm the event.

Statistical Reviews: Data on workplace safety can play a key role in confirming your claim. Statistical research shows how your injuries align with other common workplace accidents in your field. 

Negotiation: Certain industries have higher risks than others, and therefore should receive higher settlements. By using high-quality evidence from trusted sources like the BLS, OSHA, and IWCC, we can demonstrate why you deserve the highest possible compensation.

Coordinating Claims: Many workers choose to file for both workers’ comp and a third-party liability suit against a party other than their employer, such as a manufacturer or property owner. We will seamlessly orchestrate all claims to ensure that you can receive compensation for both economic and non-economic damages.

Book a Free Consultation

Workers’ comp statistics demonstrate the dangers that workers face in every industry, particularly those involving construction, manufacturing, and transportation. If you’ve been hurt at work, we’re here to help. Our Chicago work injury lawyers help employees throughout Illinois on a contingency fee basis, meaning you owe us nothing unless we secure compensation for you. Contact us today to schedule a free consultation with a nationally recognized attorney. 

Client Reviews

After I sustained an injury while working on a construction site a co-worker told me to contact this law firm. I was very happy with her suggestion. The team here handled my work comp case quickly and was also abuse to file a lawsuit against a sub-contactor that provided me with much more money than...

Mitch C.

A great outcome for a railroad injury case that I was told by other attorneys had minimal value. This law firm hired an investigator who interviewed my co-workers and went out to the railyard to help establish the area where I fell was poorly maintained and in disrepair for a long time prior to my...

Edwardo M.

Thank you for an amazing outcome that far exceeded my expectations. In addition to the outcome, I was very pleased with how this law office handled my calls and texts- promptly responding to each. 5 stars for the outcome, 5 stars for customer service.

Maria R.

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