Illinois Workers’ Compensation Benefits

After sustaining a work injury, you may feel overwhelmed and unsure of where to turn. After all, being injured and facing costly medical bills, all while being unable to earn your paycheck as normal, is a frightening scenario. Fortunately, in Illinois, most employers are required to carry workers’ compensation insurance, designed to provide injured workers with the benefits they need while they recover. That said, obtaining workers’ compensation benefits isn’t always a straightforward process, even when it sometimes should be. For this reason, you should strongly consider hiring a skilled Illinois workers’ compensation attorney who can help secure the benefits you deserve and need. Contact the Law Firm of Kevin A. Moore for a free case evaluation today.

Lost Wage & Medical Benefits for Work Injuries in Illinois

If you’ve been hurt on the job in Illinois, you may be entitled to receive a range of workers’ compensation benefits designed to help you recover physically, financially, and emotionally. The Illinois Workers’ Compensation Act outlines several categories of benefits that may be available depending on the nature and extent of your injury. Understanding each type is crucial to ensuring you receive the medical and lost wage benefits you are rightfully owed.

Medical Benefits

First and foremost, workers’ compensation covers all reasonable and necessary medical expenses related to your work injury. This includes emergency room visits, hospitalization, surgery, physical therapy, medications, medical equipment, and follow-up treatment. In Illinois, injured workers have the right to choose two doctors of their own, along with any referrals those doctors make. You should not have to pay out-of-pocket for these expenses, as long as your treatment is authorized and related to your injury.

Temporary Total Disability (TTD) Benefits

If your injury prevents you from working while you recover, you may be eligible for Temporary Total Disability (TTD) benefits. These are wage replacement benefits, typically amounting to two-thirds (66 2/3%) of your average weekly wage, subject to state minimums and maximums. You must be off work for more than three calendar days to qualify, and the payments continue until your doctor clears you to return to work or determines that you’ve reached maximum medical improvement (MMI).

Temporary Partial Disability (TPD) Benefits

If you’re able to return to work in a limited capacity or light-duty role and you’re earning less than you did before your injury, you may qualify for Temporary Partial Disability (TPD). These benefits help make up the difference between your pre-injury and post-injury wages by paying two-thirds of the difference between the two.

Permanent Partial Disability (PPD) Benefits

If your injury results in a permanent impairment but does not completely prevent you from working, you may be eligible for Permanent Partial Disability (PPD) benefits. There are four primary ways PPD may be calculated in Illinois:

• Scheduled Injury Awards: For injuries to specific body parts (like hands, arms, legs, etc.), based on a state-established schedule.
• Non-Scheduled Awards (Loss of Use of the Person as a Whole): For injuries not listed on the schedule, typically more complex or systemic impairments.
• Wage Differential Benefits: If you can return to work but must accept a lower-paying job due to your injury, you may receive two-thirds of the difference between your pre- and post-injury wages for up to five years or until age 67, whichever is later.
• Disfigurement Benefits: If you suffer serious and permanent disfigurement to a visible part of your body (such as your face, hands, or neck), you may be entitled to additional compensation.

Permanent Total Disability (PTD) Benefits

If your injury is so severe that you are permanently unable to return to any kind of gainful employment, you may qualify for Permanent Total Disability benefits. These benefits pay two-thirds of your average weekly wage for life and are reserved for the most serious, life-altering injuries, such as total loss of both hands, both feet, both eyes, or a combination thereof, or any condition that renders you permanently unemployable.

Vocational Rehabilitation and Maintenance

If you cannot return to your previous job due to your injuries, you may be entitled to vocational rehabilitation services. This can include job retraining, education, or job placement assistance. During this time, you may also receive maintenance benefits, which are equal to your TTD rate, while you actively participate in rehabilitation efforts.

Death Benefits (Survivor Benefits)

In the tragic event that a work-related injury or illness leads to death, surviving dependents–such as a spouse or minor children–may be entitled to death benefits. These include coverage for funeral and burial expenses (up to a statutory limit) and ongoing financial support at two-thirds of the deceased worker’s average weekly wage, typically for up to 25 years or a maximum dollar amount, whichever comes first.

How Do I Know if I Qualify for Workers’ Compensation Benefits?

In Illinois, the vast majority of employees are covered by workers’ compensation from the moment they begin their job. But just because you’re eligible for coverage doesn’t always mean the path to benefits is straightforward. Understanding whether you qualify for workers’ compensation comes down to a few key factors.

You Must Be an Employee

Workers’ compensation benefits are available to most employees in Illinois, including full-time, part-time, and even some temporary workers. However, independent contractors are generally not covered–though sometimes, employers misclassify workers, so don’t assume you aren’t eligible without speaking to an attorney.

Your Employer Must Be Covered

In Illinois, nearly all employers are required by law to carry workers’ compensation insurance, even if they only have one employee. That means your employer is likely covered unless they fall into a very narrow exemption.

Your Injury Must Be Work-Related

To qualify, your injury or illness must arise “out of and in the course of employment.” In simple terms, this means your injury must have occurred while performing work duties or while you were doing something related to your job. This includes:

• Slips, trips, and falls at your workplace
• Machinery or equipment accidents
• Repetitive stress injuries, like carpal tunnel syndrome
• Exposure to harmful substances
• Lifting injuries
• Transportation accidents (if driving was part of your job)
• Work-related mental health injuries (in some cases)
• Occupational diseases, such as mesothelioma or chemical exposure illnesses

You do not have to prove that your employer did anything wrong or that the accident was someone else’s fault. Workers’ comp in Illinois is a no-fault system. Even if the accident was partially your fault, you may still be eligible for benefits.

You Must Report the Injury on Time

To maintain your eligibility, you must notify your employer of your injury within 45 days of the incident (or the date you discovered your injury or illness). Failing to do so can jeopardize your ability to recover benefits.

Your Injury Must Be Verified by Medical Evidence

Finally, your claim must be supported by appropriate medical documentation. This includes doctor’s notes, diagnostic tests, treatment plans, and confirmation that your injury or illness is related to your work duties.

How Long Do These Benefits Last?

The duration of workers’ compensation benefits depends largely on the type of benefits you’re receiving and the nature of your injury. Some benefits are short-term and last only during your recovery, while others may continue for years–or even a lifetime. Read below for a rough idea of what you can expect.

• Temporary Total Disability (TTD): TTD benefits are paid until you are medically cleared to return to work or until you reach maximum medical improvement (MMI)–the point at which your condition is stable and unlikely to improve further. This period could last a few weeks or extend to several months or more, depending on the severity of your injury.
• Temporary Partial Disability (TPD): If you return to work on restricted duty and earn less than before, TPD benefits typically continue as long as you are recovering and working at reduced capacity–again, usually until you reach MMI or are able to return to your previous job.
• Permanent Partial Disability (PPD): The length of PPD benefits depends on how the award is calculated. For scheduled injuries, Illinois uses a set number of weeks of compensation tied to specific body parts. For wage differential benefits, you may receive payments for up to five years or until age 67, whichever is later.
• Permanent Total Disability (PTD): These benefits are typically paid for life, unless your condition improves dramatically or you re-enter the workforce in a meaningful capacity–something that is rare for PTD recipients.
• Vocational Rehabilitation/Maintenance Benefits: While you’re actively participating in vocational rehabilitation, you are entitled to maintenance payments. These benefits continue until you’ve completed your retraining program or are successfully placed in a new job–timelines vary depending on your circumstances.
• Death Benefits: Survivor benefits for dependents may continue for up to 25 years or until the benefits reach the statutory cap set by Illinois law–whichever comes first. Children who are minors may receive benefits until adulthood.

Contact an Illinois Workers’ Compensation Lawyer Today

Here at the Law Firm of Kevin A. Moore, we understand what injured workers go through, because handling workers’ compensation claims is all we do–we are a workers’ compensation law firm, through and through. If you’ve been hurt on the job or you’ve developed a work-related occupational illness or repetitive motion injury, you can depend on a skilled Illinois workers’ compensation attorney from our legal team to help secure the benefits you need. Contact the Law Firm of Kevin A. Moore for your free initial consultation today. We are on your side and will be, every step of the way.