If you’re injured at work, it’s time to talk with an attorney about filing a workers’ compensation claim. Illinois law requires that most employers provide workers’ compensation insurance. The Illinois Workers’ Compensation Commission (IWCC) estimates 91% of Illinois employees are covered. When you’re hurt while working, you’re probably entitled to workers’ compensation benefits. To learn more about what those benefits are and how to start receiving payments as soon as possible, contact Staver Accident Injury Lawyers, P.C. at (312) 236-2900. You also can use our online form to schedule your free initial consultation.
When you’re hurt at work, your employer is responsible for paying for all reasonable and necessary medical care to either cure your injury or condition or relieve you from the effects of the injury, like pain. You aren’t required to pay for co-pays or deductibles unless the service is covered by a group health plan. If you’ve been required to pay certain medical expenses related to workplace injuries, talk with a lawyer.
Medical benefits include:
You can receive compensation if your doctor says you’re temporarily unable to work, or your doctor releases you for light-duty work, but your employer can’t accommodate you. You can receive payment for TTD until you go back to work or reach maximum medical improvement (MMI). You aren’t paid TTD for the first three workdays you miss unless you miss 14 or more calendar days because of the injury or condition. Your employer should pay TTD at the same time it used to pay your wages.
TTD = 66 2/3% of your average weekly wage (AWW).
Your AWW is calculated based on your pre-tax wages for the 52 weeks before the date you were injured. This calculation is subject to maximum and minimum limits, which the Illinois Department of Employment Security updates every six months.
You can receive TPD when you’re healing from a workplace injury and can handle light duty at work, either part time or full time. To get these benefits, you have to be earning less than you did before you were hurt. Your employer will pay TPD until you can return to full duties at work or you hit MMI.
TPD = 66 2/3% of the difference between the average you would be able to earn pre-injury and the gross amount you earn on light duty.
Calculate your pre-injury job’s AWW. Then, calculate your post-injury gross pay. Subtract this second amount from the first, and that is the wage differential. TPD is two-thirds of that differential, and maximum and minimums apply.
You might not be able to go back to your pre-injury job. In this situation, you might need to go through an educational program, vocational retraining, and a job search. You have to obtain new knowledge and skills to be employable. Your employer is responsible for paying for these efforts, including incidental expenses and maintenance. The maintenance payments can’t be less than your TTD rate.
You have a right to PPD if you suffer:
Loss of use means you can’t do what you generally were able to do before the workplace injury.
Whether or not you have a permanent disability isn’t decided until you reach MMI. Only once you’ve recovered to the fullest extent possible can you seek PPD.
There are four types of PPD benefits, which depend on the type of permanent disability.
If your loved one died because of a workplace accident, then you can receive a burial benefit of $8,000. This is to help cover the costs of the funeral and burial or cremation.
As a surviving spouse or minor child, your family can receive 66 2/3% of your loved one’s gross AWW, subject to maximum and minimum limits. If your loved one didn’t leave behind a spouse or children, then the survivors’ benefits are paid to totally dependent parents. But if no one was entirely dependent on your loved one, then the benefits can be paid to anyone who was at least 50% dependent on them at the time of their death.
If, as a surviving spouse, you get remarried, and your children are no longer minors, then you can receive a lump sum of two years of compensation. If your children are still under 18 years old, then the survivors’ benefits continue.
To make sure you get the benefits the law entitles you to, work with an Illinois workers’ compensation attorney at Staver Accident Injury Lawyers, P.C. We’re here to help you navigate the claim process and get you the most from your workers’ comp insurance. To schedule a free consultation, you can reach us through our online form or call (312) 236-2900.