Filing for workers’ compensation benefits in Illinois can be complicated due to legal requirements. Workers’ compensation provides medical or financial benefits to workers injured or disabled while performing work duties. Before filing a claim for benefits, it’s important to know the types of workers’ compensation benefits that are available and which benefits you qualify for.
If you suffer a work-related injury in Illinois, Chute, O’Malley, Knobloch, and Turcy, LLC in Naperville can help with obtaining benefits. Call today, 630-412-4747.
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Types of Workers’ Compensation Benefits in Illinois
In Illinois, employers are required by law to carry workers’ compensation insurance that covers employees for work-related injuries, illnesses, and diseases. Workers’ compensation is a no-fault system administered by the Illinois Workers’ Compensation Commission (IWCC), a state agency that is responsible for resolving work-related disputes between employers and workers when they arise.
In 2022, the most recent year reported, injury statistics show 112,500 non-fatal work-related injuries and illnesses in Illinois reported by employers and workers. In Illinois, injured workers are entitled to file workers’ compensation claims with their employer when work-related injuries, illnesses, and diseases occur. They are also entitled to collect workers’ compensation benefits through the IWCC.
When workers’ comp claims are approved, workers can collect benefits for medical bills, lost wages, rehabilitation and therapy expenses, and disabilities caused by injury, illness, or disease. Compensation for pain and suffering is not included in workers’ comp benefits. Approved benefits are usually paid weekly or bi-weekly.
In Illinois, there are four types of workers’ compensation benefits available to workers:
Temporary Total Disability
Temporary Total Disability (TTD) is assigned when a worker is completely unable to perform his or her job duties but is expected to make a recovery and return to work at some future date. With a TTD assignment, workers’ comp benefits will continue until a physician determines that the worker has reached maximum medical improvement and maximum healing.
Temporary Partial Disability
Temporary Partial Disability (TPD) is assigned when a worker can return to his or her job on light duty or perform part-time work during the recovery period. With a TPD assignment, workers’ comp benefits are paid at the worker’s normal wage through recovery. Benefits end when a physician determines the worker has reached maximum medical improvement.
Permanent Total Disability
Permanent Total Disability (PTD) is assigned when a worker suffers injuries that leave him or her permanently disabled and unable to perform any job duties. PTD is often assigned when a worker loses limbs such as hands, arms, legs, and feet, or suffers vision loss. With a PTD assignment, workers’ comp benefits are usually paid weekly for life.
Permanent Partial Disability
Permanent Partial Disability (PPD) is assigned when a worker loses total or partial use of a body part, such as a hand, arm, leg, or foot, leaving him or her unable to perform some of the job duties that were a normal part of employment before the injury. In Illinois, permanent partial disabilities allow workers to collect four types of workers’ compensation benefits, and each type has a timeline for payments.
- Wage Differential Benefits – Some workers may be able to return to work, but may have lower earnings due to a PPD assignment. Wage differential benefits allow a worker to collect two-thirds of the difference between previous wages and new wages. Wage differential benefits end after 5 years or when the worker reaches age 67, whichever comes later.
- Scheduled Injury Awards – With a scheduled injury award, a worker can collect weekly PPD payments that match 60% of his or her average weekly wage. Illinois sets a maximum number of weeks for payments based on the specific body part that sustained injuries.
- Non-Scheduled Injury Awards – If an injury to a body part is not listed on the IWCC benefits schedule, a worker may receive benefits equal to 60% of his or her average weekly wage before the injury for up to 500 weeks, based on the physician’s disability rating for the injury.
- Disfigurement Benefits – If a worker suffers permanent disfigurement of a body part, he or she can receive up to 162 weeks of benefits at 60% of his/her average weekly wage. Typically, this benefit is linked to the severity of the worker’s disfigurement.
Who Qualifies for Workers’ Compensation?
In Illinois, full-time and part-time workers qualify for workers’ compensation benefits regardless of who’s at fault for their injuries, as long as their injuries happen within the scope of their normal job duties. If a part-time job is a second job, workers are still eligible for benefits. Injured workers are entitled to payment of 2/3 of lost wages. This means that injured workers who are unable to work will receive checks for 2/3 of their weekly pay. Workers are also entitled to coverage of related medical expenses.
Illinois workers must be considered full-time or part-time employees. Independent contractors are not eligible for workers’ compensation benefits. It’s important to make sure that your employer is labeling you correctly. In some cases, employers use the term “independent contractor” because it’s easier and less expensive for them, but the law doesn’t agree. According to the law, if your employer has a lot of control over your work and your schedule, you are considered an employee.
What Happens When Workplace Injuries Occur?
If you are injured at work, you must follow workers’ compensation policies to ensure that your workers’ compensation claim is approved:
- Notify Your Employer – You are required to notify your employer in writing within 45 days of your accident or injury. Once your employer receives your notification, a claim will be filed with IWCC. If you fail to notify your employer within 45 days, IWCC will likely deny your claim for benefits.
- Seek Medical Treatment – After a workplace injury, seek medical treatment from a licensed doctor, urgent care center, or hospital as soon as possible. If your injury is severe, and you need immediate medical care, go to the nearest hospital emergency room or urgent care center. Your injury must be documented for your workers’ comp claim.
- Independent Medical Exam (IME) – During your workers’ comp approval process, you may be scheduled for an IME, even if you have already been treated by your doctor. An IME is performed by a doctor chosen by the insurance carrier. The IME doctor will not treat you or prescribe medications, but he or she is entitled to review other medical records related to your case.
When IWCC receives a workers’ compensation claim, the claim is assigned to a workers’ compensation claims adjuster. The adjuster’s job is to gather information about the claimant and the injury that supports or negates the claim. If you file a workers’ comp claim, you are not required to talk to a claims adjuster, but you will likely be contacted by one to discuss the details of your injury.
When you’re injured at work, you can review common workers’ comp questions that may have an impact on your claim and benefits. You can also review workers’ compensation tips that can help you understand eligibility requirements, covered injuries, reporting procedures, IMEs, and various problems that can impact your claim.
The process of filing a workers’ compensation claim can take a while. Although employers must be notified of a worker’s injury within 45 days, injured workers have three years from the date of their injury to initiate the workers’ compensation process. The timeline of a workers’ comp settlement varies depending on the severity of the injury, the length of the recovery time, and help from workers’ compensation lawyers.
How Are Workers’ Comp Settlements Paid?
Workers’ comp settlements are beneficial to injured workers because they are paid in a lump sum. A lump sum payment helps with paying bills while waiting for workers’ comp benefits, usually received in smaller monthly payments over time.
Do All Workers’ Comp Cases End in Settlements?
Most workers’ comp cases end in structured arrangements, such as weekly payments over a pre-determined amount of time or lump sum settlements paid in a single check. This is especially true for types of workers’ compensation benefits that involve total disability claims.
When a workers’ compensation claim involves a settlement, the claim is usually negotiated between the insurance provider, the injured worker, and the injured worker’s lawyers. Before a settlement is reached, an acceptable settlement payment is determined. If parties can’t reach a settlement agreement, a judge may hold a hearing to decide.
In some workers’ comp cases, an employer may refuse to consider a lump sum settlement payment instead of workers’ comp benefit payments over time. If this happens, workers’ compensation lawyers can help resolve the issue.
If you’re injured in an Illinois workplace, contact us about workers’ compensation benefits. Our Naperville lawyers at Chute, O’Malley, Knobloch, and Turcy, LLC can help you get the benefits you need. Call us today at 630-412-4747.