Workers’ Compensation for Teachers in Illinois

Helping Illinois Educators Recover Workers’ Compensation Benefits

The education of children in Illinois is an essential calling, and many teachers in the state face numerous risks to provide that service. Although teaching may not appear dangerous on the surface, accidents can still subject educators to illnesses and injuries. If you are an educator who gets injured or ill on the job, you can apply for workers’ compensation for teachers. 

IL Work Injury Lawyer is a Chicago workers’ compensation law firm serving employees throughout the state. An injury or illness can have significant financial consequences for the victim, and our team is committed to helping you secure financial compensation to cover your losses. Often, these types of employees are overlooked, but our firm will be dedicated to fighting for your rights as an Illinois teacher. 

What Types of Injuries and Illnesses Qualify for Teacher Workers’ Compensation?

The Workers’ Compensation Act (820 ILCS 305) governs the filing process for workplace injuries for all employees in the state. This includes teachers who may suffer from injuries or illnesses while on the job. 

Here are some injuries or illnesses that workers’ compensation may cover if you are a teacher:

• Slip and fall accidents in school hallways, cafeterias, or nearby sidewalks
• Repetitive motion injuries from grading, computer use, or setting up classrooms
• Injuries to employees from breaking up student altercations
• Exposure to hazardous materials, such as science lab chemicals and cleaning products
• Work-related stress injuries, which typically have limited recognition under Illinois law

Who Is Not Covered by the Illinois Workers’ Compensation Act?

Workers’ compensation insurance covers most Illinois teachers as employees at their schools. However, some educators are not eligible for these benefits if they get hurt while working, such as: 

• In-home private educators (homeschool parents and private contractors)
• Tutors
• Special education teachers
• Substitute teachers

If you fall into one of these categories and would not qualify for workers’ comp, another option is a third-party lawsuit. If someone else’s negligence caused your injury or illness, you could seek compensation for legal damages, including lost wages, medical expenses, emotional distress, and pain and suffering. 

What Workers’ Compensation Benefits Are Available for Illinois Teachers?

Teachers who apply for workers’ compensation could receive the following benefits with a successful case:

• Medical expense coverage – Compensation for all reasonable costs related to medical treatment, such as surgeries, emergency care, medications, and assistive devices
• Temporary total disability (TTD) benefits – Wage replacement if you are forced out of the job during recovery
• Temporary partial disability (TPD) benefits – Coverage for the difference in your wages because of a reduced capacity to complete your normal duties
• Permanent partial disability (PPD) benefits – Ongoing wage coverage for the permanent reduction in income
• Permanent total disability (PTD) benefits – Ongoing coverage to replace the wages you can no longer earn
• Vocational rehabilitation and maintenance benefits – Coverage for fees associated with training for a new role
• Death benefits for surviving dependents – Upfront expenses and ongoing compensation for the family of a teacher who dies due to their work-related injury or illness

How Much Can Injured Teachers Recover in Illinois?

The amount you receive from your case primarily depends on the calculation of your average weekly wage (AWW). AWW is determined by adding all your total earnings for the previous 52 weeks of employment and dividing that total by 52. 

Note that this does not account for teachers who do not get paid during the summer. Even if your school wages are higher during the academic year due to the pay structure eliminating paychecks in the summer, AWW will still be based on your annual earnings divided between 52 weeks. 

What Is the Average Workers’ Compensation Lump Sum Payout for Teachers?

The value of your case depends on numerous factors, including injury severity, missed time at work, liability, and long-term impact. The average workers’ compensation settlement for teachers is $1.61 million, while the median payout is $349,664. 

Here are some example cases involving injured or sick teachers receiving workers’ compensation benefits:

In 2015, a teacher named Cindy was attending her school’s pep rally when she jumped up to dance to the music and hit her head on a TV bolted to the gym wall. She suffered a traumatic brain injury that severely altered her personality and cognitive abilities, forcing her out of her role as a teacher. Cindy filed for workers’ compensation and received a total settlement of $3.4 million, including over $187,000 upfront. 

In 2003, a fourth-grade teacher named Tara was attempting to break up a fight between two students at school when one of them bit her on the arm. In the following months, she struggled with anxiety, depression, and post-traumatic stress disorder, corroborated by mental health professionals. Tara was awarded $13,000 in lost income and medical costs.

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

For a valid workers’ compensation case, a teacher must inform their employer of the injury or illness within 45 days of the incident. 

As long as you have reported the injury within this timeline, you will have three years from the date of the injury or two years from the last benefit payment to file your workers’ compensation case. Note that it is wiser to pursue legal action as soon as possible to preserve fresh evidence. 

Can Teachers File a Third-Party Claim in Addition to Workers’ Comp?

Some teachers who get injured may be able to hold third parties accountable, such as manufacturers, contractors, or administrators. If someone else’s negligence caused the accident, you could seek a personal injury lawsuit against them to recover damages. 

For example, if a piece of defective classroom equipment hurts you, the manufacturer may be at fault. Similarly, negligent contractors who create hazardous conditions in the classroom or hallway could be liable if you fall and get injured. 

How IL Work Injury Lawyer Can Help Injured Teachers

Getting hurt on the job as a teacher has multiple consequences. First, you must focus on recovering physically and emotionally. You also will miss time with your students since you cannot do your job while you recover. Lastly, the financial effects of your injury could be severe, with costly medical bills and lost income. 

At IL Work Injury Lawyer, we can guide you through the legal process to increase your chances of securing compensation. If your losses are covered by the settlement, at least your financial future will be secure. 

Our expert work injury attorneys can provide the following legal services for Illinois teachers:

• Ensuring proper filing and documentation
• Gathering medical evidence to prove injury, such as doctor testimony and medical test results
• Reviewing witness statements about the incident
• Negotiating with school district insurance companies for maximum compensation

Another issue you could face with your workers’ compensation case is a denial. Insurers will find many reasons to justify denying workers’ comp benefits, such as alleging the injury didn’t happen at school, claiming the injury was pre-existing, or claiming the injury is not work-related. 

Our law firm will guide you through the appeal process with the Illinois Workers’ Compensation Commission (IWCC). With our assistance, you can build a strong case to have the decision overturned in a board hearing.

How Common Are Teacher Workplace Injuries and Accidents?

Injuries and illnesses affect teachers at an alarming rate across the country. Between 2021 and 2022, the incident rate for falls, slips, and trips was 36.3 per 10,000 full-time teachers, according to the US Bureau of Labor Statistics. Violence against teachers happened at a rate of 20 per 10,000 full-time employees, which doubled the rate for all other occupations. 

Book a Free Consultation 

At IL Work Injury Lawyer, we work on a contingency fee basis. This means you owe nothing unless we win your settlement. We represent teachers throughout Illinois from our Chicago office.

Contact us today to schedule a free consultation if you have been injured or become ill on the job as a teacher.