One of the first questions that arise when you get injured at work is: How much will workers’ compensation pay me while I recover? This is a common concern for anyone managing an injury while facing financial pressure. The amount you can receive depends on various factors, including your wages before the incident, the extent of your disability, and the duration of your time off work. At Walton Telken, we’re committed to helping affected workers understand their rights and what benefits they may be entitled to without making the process any more complicated than it already is.
In this article, we’ll break down the key components of how Illinois calculates workers’ compensation payments and explain the different types of benefits available. Whether you’re recovering from a temporary injury or dealing with long-term disability, this guide will help you comprehend what you may be eligible for.
Illinois Follows the Average Weekly Wage Calculation
The most crucial factor in determining how much does workers’ comp pay in Illinois is your average weekly wage (AWW). Your AWW is a calculation based on your earnings over a 52-week period before your injury. This number includes your salary, bonuses, and overtime pay, if applicable. It is fundamental because it directly impacts your workers’ comp benefits.
Here’s how it works: Your AWW is typically calculated by adding up your earnings over the last 52 weeks and dividing that sum by 52. If you’ve worked less than a year for your employer, they will average your total earnings over the weeks you have worked.
For example, let’s say you made $52,000 in the year before your affliction. The calculation would look like this:
$52,000 ÷ 52 weeks = $1,000 AWW.
Your workers’ compensation benefits in Illinois are generally paid at two-thirds of your AWW. So, if it is $1,000, you would likely receive $666.67 weekly while you’re recovering from work. Nonetheless, the law imposes maximum limits, which can vary from year to year.
What Happens if You’re a Part-Time or New Employee?
Workers’ compensation covers more than just full-time employees, verifying that part-time and seasonal employees receive the same protections. The Average Weekly Wage (AWW) calculation is crucial for determining benefits. Part-timers’ earnings are calculated based on their actual earnings during the period they worked, even if it’s less than the full 52 weeks typically used for full-time employees. This approach guarantees that the calculation fairly represents their regular earnings.
For instance, if a person worked for only 10 weeks before an injury and earned $7,500 during that time, the AWW would be calculated by dividing the total earnings by the number of weeks worked:
$7,500 ÷ 10 weeks = $750.
In this scenario, the weekly workers’ compensation benefit would be two-thirds of the $750 AWW, or approximately $500 per week. This formula ensures part-timers receive benefits proportional to their earnings.
New workers are also covered, even if they’ve been with the organization for only a short period. The same calculation applies based on the weeks worked. The law protects part-time and new workers aren’t left out and receive appropriate benefits during recovery, making the system fair for all individuals, regardless of employment status or length of time on the job.
Length of Time You’ll Receive Workers’ Compensation Benefits
The amount of time that you’re eligible to receive the payments depends on the type of injury you have and how long it takes for you to heal. Below, we’ll go into more detail about the different types of workers’ compensation benefits and how long they typically last.
Temporary Disability Benefits in Illinois
Temporary disability perks are paid when you are unable to work for a limited period but are expected to recover. These are the most frequent forms of workers’ comp payments. As long as your doctor confirms that you cannot perform your activities due to your injury, you will continue to receive two-thirds of your AWW.
For example, if you suffer a broken arm on the job, you may need several weeks to recover before returning to full duty. During that time, you’re entitled to Temporary Total Disability (TTD) payments, which will continue until your doctor says you can resume work. These typically last as long as your recovery requires but are subject to some limitations under Illinois law.
Permanent Total Disability Benefits in Illinois
In cases where an individual cannot return to any form of employment due to the severity of their injuries, Permanent Total Disability (PTD) benefits may be awarded. These benefits are calculated at two-thirds of your AWW and are paid for the rest of your life, guaranteeing financial security as long as you remain unable to work and covering medical expenses and daily living costs.
To illustrate, if someone suffers a spinal injury that results in complete paralysis, they would be eligible for PTD benefits indefinitely. The payments continue as long as the disability remains total and permanent, giving them financial stability when they can no longer earn a living.
Permanent Partial Disability Benefits in Illinois
Not every lesion results in a total inability to work. Some employees may be able to return to a limited role or different type of work after an injury. In these cases, Permanent Partial Disability (PPD) benefits are available. These are awarded when the person has a lasting impairment but can still work in some capacity. They are calculated based on a percentage of your AWW, depending on the extent of your impairment.
For example, if you lose partial use of a limb, such as a hand, PPD will compensate you for the reduced function and potential loss of earning capacity. These payments are generally determined by a set schedule under Illinois workers’ compensation law, which assigns specific percentages for various types of impairments.
Additional Workers’ Comp Benefits in Illinois
In the state, workers’ compensation covers more than just wage replacement. Medical care is a fundamental benefit provided under this system, guaranteeing that affected employees have access to the treatment needed for recovery. This includes coverage for doctor visits, hospital stays, surgeries, physical therapy, medications, and any other necessary medical treatment related to the workplace injury.
Beyond healthcare, Illinois workers’ comp offers vocational rehabilitation. If a lesion makes returning to a previous job impossible, this perk helps with retraining or skill development for a different role. This can include job training programs, educational courses, or other career assistance to help injured individuals re-enter the workforce in a new capacity.
In the unfortunate event of a catastrophic injury resulting in death, the workers’ compensation also provides survivor benefits. These are designed to support the dependents of a worker who has passed away due to a job-related injury or illness and typically include payments to cover lost income, funeral expenses, and financial support for the deceased worker’s family.
This comprehensive approach assures that workers injured on the job and their families have access to the necessary resources for medical treatment, career transitions, financial stability, emotional support, and, in extreme cases, ongoing economic assistance after a loss.
Limitations of Workers’ Comp Benefits
While workers’ compensation provides valuable financial assistance for those injured on the job, the system has its limitations. It primarily covers medical expenses, lost wages, and permanent disability resulting from the injury. Still, it does not compensate for pain and suffering or other non-economic damages, such as emotional distress. This is a crucial difference from personal injury lawsuits, where indemnity can include non-economic damages.
Another important is the strict deadlines that apply to filing a case. Injured workers must notify their employer about the lesion within 45 days. Failing to report it within this timeframe may lead to complications or denial of benefits. Additionally, a formal workers’ compensation case must be filed within two years of the injury or the last compensation payment received. Missing these deadlines can result in a forfeiture of the perks, making timely action fundamental.
Finally, disputes over claims can arise, especially when there are disagreements about the extent of the injury or the benefits owed. In these circumstances, legal representation can be extremely beneficial. Having an experienced attorney ensures that injured workers receive the benefits they are entitled to under Illinois law, particularly when complications, delays, or denials occur. This legal assistance is essential in securing the necessary financial resources during the recovery process and protecting the rights of the injured.
We’re Here to Help You Every Step of the Way. Call Us Today.
At Walton Telken, we focus on workers’ compensation claims and have extensive experience assisting clients with navigating Illinois’ workers’ compensation process. If you’re dealing with financial challenges following a work-related injury in Edwardsville, our dedicated team is here to help you secure the benefits you’re entitled to. We understand the stress of medical bills, lost wages, long-term treatment, and the recovery process, and we are committed to guiding you through each step. Reach out to us today for a free consultation to discuss your situation and explore your recovery options.
With over 150 years of combined legal experience, we passionately fight for victims’ rights and strive to achieve the best possible outcomes for our clients. Troy E. Walton and Stephen J. Telken understand the immense challenges faced after an injury, and we’re committed to helping you recover the maximum monetary damages for your physical, financial, and emotional losses. rial practice is in our DNA, and we’re unafraid to
aggressively advocate on your behalf to ensure you receive the compensation you
deserve.