What Does Workers' Compensation Pay For?
The types of coverage for injured employees in IllinoisBy S.M. Oliva | Reviewed by Canaan Suitt, J.D. | Last updated on February 9, 2024
Use these links to jump to different sections:
- Eligibility for Workers’ Comp Coverage
- Post-Injury Medical Treatment
- Temporary Total Disability
- Temporary Permanent Disability
- Permanent Disabilities
- Death Benefits for Family Members
- Find Experienced Legal Help
Have you suffered a work-related injury? All state laws—including Illinois—require most employers to provide workers’ compensation benefits in such situations. Unlike traditional personal injury claims—which require you to prove someone else was negligent—workers’ compensation coverage is a “no-fault” system.
Eligibility for Workers’ Comp Coverage
Rich Lenkov, a workers’ compensation attorney at Downey & Lenkov in Chicago, says that the most common workers’ compensation claim he sees is back injuries, but Illinois workers’ comp insurance actually provides several types of benefits.
Not every injured employee is eligible for every benefit. For minor workplace injuries, an employee may only be entitled to medical care related to their immediate injuries. But if your on-the-job injury leads to you missing any time from work or suffering an impairment that prevents you from returning to your prior job, you may receive additional compensation for those losses.
Post-Injury Medical Treatment
With respect to medical expenses, Illinois workers’ compensation law requires the employer to cover any “reasonably necessary” services to “cure and relieve” the employee’s injury. This includes any necessary medications, devices, or appliances.
In general, the employee selects their own healthcare provider, who is then reimbursed by the employer. However, if the employer has established its own Preferred Provider Program (PPP), the employee may be required to select from a choice of two doctors within the network. The employer is required to notify the employee in advance—and in writing—if it has a PPP.
Temporary Total Disability
Temporary total disability (TTD) benefits compensate an injured worker who is medically unable to return to work for a temporary period. Alternatively, an employee may receive temporary disability benefits if they are medically cleared to do “light-duty” work, but the employer is unable to accommodate such restrictions.
After an employee misses 14 days of work, they are entitled to TTD disability payments until they can return to work or reach “maximum medical improvement,” as determined by their treating physician.
TTD benefits do not replace 100 percent of an employee’s lost wages. Rather, the standard rate is two-thirds of the employee’s “average weekly wage” prior to the accident. There are also certain statewide minimum and maximum rates applicable to TTD benefits. A qualified Illinois workers’ compensation attorney can advise you of the applicable rates based on when your injury occurred and the number of dependents in your household.
Temporary Permanent Disability
If you are able to return to work on restricted or part-time duty, you can receive temporary permanent disability (TPD) benefits, which help cover the gap between your pre-accident and post-accident wages. Similar to TTD benefits, TPD benefits are paid at two-thirds of the difference in average weekly wages.
Unfortunately, there are cases where a workplace accident leads to permanent injuries from which the employee will never fully recover. In such circumstances, workers’ compensation provides both permanent partial disability (PPD) and permanent total disability (PTD) benefits. PPD benefits are paid when the employee suffers “complete or partial loss” of a body part (or the use thereof) or a partial loss of their entire body.
For individual body parts, Illinois workers’ compensation law maintains a schedule, which provides a fixed number of weeks of benefits multiplied by 60 percent of the employee’s average weekly wage. When there is a partial loss of the whole body, benefits are paid for 500 weeks based on a percentage determined by the employee’s doctor.
PTD benefits are paid when an employee is deemed no longer able to perform any kind of meaningful paid work or has suffered the loss of two major body parts (for example, both feet or an arm and a leg). Permanent disability of this type entitles the employee to workers’ comp benefits for life.
Death Benefits for Family Members
Finally, if an employee is killed due to a workplace accident, the employer must pay a one-time benefit of $8,000 to help pay for funeral expenses. In addition, if the deceased employee had a spouse or dependent children, they may also receive a survivor’s benefit equal to 52 weeks’ pay at the employee’s average weekly wage.
Find Experienced Legal Help
Additional Workers' Compensation articles
Find top lawyers with confidence
The Super Lawyers patented selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers lists each year. We know lawyers and make it easy to connect with them.Find a lawyer near you