Personal Injury Law Blog

Workers’ compensation protects Illinois employees who suffer on-the-job injury or work-related illness. Workers’ compensation is a form of insurance. Your employer purchases the insurance to cover the needs of injured employees should an accident or work-related illness occur. 

To receive workers’ compensation, you do not have to prove that your employer was at fault for your injuries. It is enough to prove you suffered an on-the-job injury or illness and are covered by workers’ compensation laws. 

Here are some essential points Illinois workers need to know after a workplace injury or illness.

Two Components of Workers’ Compensation Coverage

Workers’ compensation provides medical benefits for workplace injuries and illnesses. If you cannot immediately return to work, workers’ compensation may also provide disability benefits. 

Medical compensation covers your medical bills and other expenses that come from treating your workplace injury or illness. Medical expenses are covered until you reach “maximum medical improvement,” or the point at which additional medical care won’t improve your condition. 

Maximum medical improvement is not always the same as a total cure. For example, picture a worker who injures their back at work. Before the injury, this worker regularly lifted 100 pounds without trouble. Immediately after the injury, the worker can only lift 10 pounds. After several months of treatment, the worker can lift 70 pounds, and medical professionals determine that additional treatment won’t increase that number. This worker has reached “maximum medical improvement.” Workers’ compensation payments for medical treatment will stop after maximum medical improvement is reached.

Disability benefits cover the time you must take off work or accept limited work while you recover. These benefits seek to compensate you for the loss of your full wages during your recovery period. 

Which disability benefits you can receive depends on how severely you were injured. Illinois workers’ compensation includes five basic types of disability benefits:

• Temporary total disability (TTD). TTD benefits compensate workers who must take time off work, but only for a limited period following an injury. For example, if you break your arm at work and take three weeks off for surgery and recovery but return to work after, TTD benefits may compensate you for that time off. 
• Temporary partial disability (TPD). TPD benefits compensate workers who can work, but only in a limited role. Maybe you need to be switched to a lighter workload or a less demanding schedule. Since your job duties are lighter, your pay is decreased. TPD helps close the gap between what you made before the injury and what you now make in the new job. These benefits continue until you reach maximum medical improvement or return to your previous position. 
• Permanent partial disability (PPD). PPD applies if you lose a body part or have impairments even after you reach maximum medical improvement, but you can still work. PPD is calculated according to which body part is affected and how severely it is affected. 
• Permanent total disability (PTD). Employees who receive PTD benefits are unable to return to work even after reaching maximum medical improvement, or they have lost the use of multiple body parts (such as both eyes). PTD benefits are calculated at two-thirds of your average weekly wage, and they last the rest of your life.
• Disfigurement. “Disfigurement” refers to permanent visible scarring due to a workplace injury. The maximum disfigurement benefit is 60 percent of your average weekly wage up to 162 weeks. 

If a worker dies from an on-the-job injury, the worker’s spouse, child, or other surviving beneficiaries may also receive death benefits. These are paid for up to 25 years or $500,000, whichever is greater. 

What To Do If You Are Injured On The Job

If you suffer a workplace injury or work-related illness:

Tell your employer as soon as possible. Report the injury or illness to your supervisor. Your employer will start the workers’ compensation process and tell you where to receive medical treatment. 

Get medical care and follow the doctor’s instructions. Prompt medical care helps you recover from your injury more quickly. Keep all follow-up appointments, take medications as prescribed, and follow your doctor’s instructions. 

Talk to an experienced workers’ compensation lawyer if you have questions or challenges. If the workers’ compensation insurer denies coverage, if your employer stalls or tries to convince you that you weren’t injured on the job, or if you run into any other difficulties, an experienced Illinois workers’ compensation attorney can help you. It’s also wise to talk to a lawyer if you suffer serious injuries. Your lawyer can ensure the compensation process proceeds smoothly so you can focus on healing.