How much does workers' comp pay? It's the first question almost every injured worker asks me, and the answer depends on several factors. Let me break down exactly what benefits are available under the Illinois Workers' Compensation Act so you know what you're entitled to.
The first type of benefit is Temporary Total Disability, or TTD. This is your weekly paycheck while you're unable to work because of your injury. TTD is calculated at two-thirds of your average weekly wage. And here's the good part: it's tax-free. So while the percentage sounds low, TTD often comes close to your take-home pay after taxes. You receive TTD from the first day you miss work (after a three-day waiting period, which is reimbursed if you miss more than 14 days) until your doctor says you can return to work or you've reached maximum medical improvement.
The second type of benefit is payment of all reasonable and necessary medical expenses related to your work injury. This includes everything: emergency room visits, doctor appointments, prescription medications, physical therapy, diagnostic tests like MRIs and X-rays, surgeries, and even mileage reimbursement for driving to and from medical appointments. The insurance company is supposed to pay these bills directly. If they're not doing that, tell your lawyer.
The third type of benefit is your permanent disability settlement. This is the money you receive at the end of your case based on the permanent effects of your injury. In Illinois, permanent disability is calculated using a formula that considers the part of the body that was injured, the percentage of disability, and your average weekly wage. For example, the loss of use of an arm is valued at 253 weeks, and if your disability rating is 25% to your arm, you'd receive 25% of 253 weeks times 60% of your average weekly wage.
There's also something called a wage differential, which applies if your injury prevents you from returning to your previous job and you have to take a lower-paying position. In that case, you're entitled to two-thirds of the difference between your old wage and your new wage for the remainder of your working life, or until age 67, whichever comes first. Wage differentials can be worth hundreds of thousands of dollars in serious cases.
The bottom line is that workers' comp in Illinois provides more benefits than most people realize. If you think you're not getting everything you're owed, call us at 312-500-4500.
If you are covered under Workers Comp, there's three things that are supposed to get paid.
1. Your Wages: Two-thirds (2/3 or 66 2/3%) of your normal pay.
2. Medical Bills: All medical treatment realted to the work injury.
3. Settlement money at the end of the case for any permanent injury.
There is more that the Workers Compensation Act provides. But, it depends on how bad your injury is, whether you can ever return to work, whether you are permanently disabled, or whether you can go back to work to a different job, but no t the same one you worked at.
Going into those details is not the purpose of this article, so I am going to explain the above three that any injured worker is entitled to under the Act.
You already know that under Workers Comp, you are supposed to get 2/3 of your average weekly wage. Here are some details that you need to know.
First, you need a doctor's note keeping you off work. If you do not have a doctor's note, then they will dispute paying you, so always get an off-work note from the doctor every time you go to the doctor. And give it to your lawyer, too.
Second, they do not withold payroll taxes. This way, your check should be pretty close to what it normally is.
Third, when they calculate your "Average Weekly Wage" they do it based on 40 hours per week. Unless you are REQUIRED to work more hours than that. In other words, optional overtime doesn't get counted, but mandatory over does. And if you work less than 40 hours per week, the average number of hours you work get counted.
Example:
Let's say you make $20/hour. You get hurt at work.
Normally, you take home $20 x 40 hours = $800.00 per week. But they take out taxes and other deductions.
Your "TTD" or Temporary Total Disability rate would be $800 x2/3 or 66 2/3%, or $533.33. This should be about the same as your normally take home.
When people ask, "How Much Does Workers Comp Pay?" they are often worried about medical bills. Medical care is very, very expensive. Here's how it works.
All medical care related to the on-the-job injury is supposed to be covered. That means we need a doctor who will say that, for example, your neck pain was caused by the work accident. If your doctor will not say that, or he or she says, "I don't know why he has neck pain", then we have a real problem.
The need for a medical opinion like this is why I encourage injured workers to always go to a doctor who is on their side. That usually means avoiding the 'company doctor' whose loyalty to the company results in an unwillingness to support even a completely valid and legitimate workers comp case.
Medical bills are paid at a rate set by the Workers' Compensation Commission. It is an amount that doctors are usually happy to get. The important thing to remember is that you are not responsible for the bills if you have a valid Workers Comp claim. The Workers Comp insurance pays it all, and if they do not they are subject to penalties if they do not have a good reason why they did not pay a bill on time.
In most Workers Comp cases, the injured workers never has to worry about the bills. But if the case is disputed, you should let your lawyer know the bills aren't paid and the Workers Comp lawyer can address it for you.
Find Out What YOUR Case Might Be Worth...for free.
PPD stands for Permanent Partial Disability. It is the amount of settlement money you get at the end of the case. it is supposed to compensate you for the change in your body because of the work accident.
That means that if you have a bad outcome and have some permanent problems, pain, and disability, you should be entitled to more money. And if you almost fully recover, then you are still entitled to a settlement. It will just be less, because your permanent problems are fewer.
The PPD settlement is calculated by taking 60% of your average weekly rate. Then, the lawyer consults a chart that says how much a certain percentage of a body part is worth. The chart tells the lawyer how many weeks of disability the injury is worth.
Keep in mind that this award can vary greatly. Just like selling a car, the owner wants more money, and the buyer wants to pay less money. It is the same way with Workers Comp. Even though there is a chart and calculations, there is room for each side to fight and haggle. This is one of the biggest reasons why having an experienced Workers Comp lawyer is so important.
Example:
Taking the same numbers from above, let's say you make $20 per hour and work 40 hours per week.
$20 x 40 hours is $800. $800 x 60% is $480.00.
Then we compare your case to other cases and consult a chart of body parts to figure out how many weeks the injury is 'worth'. So if your injury is 'worth' 35 weeks...
35 weeks x $480 = $16,800.00. That would be a settlement amount that could go higher or lower based on the details of your case and the skill of your lawyer.
Illinois workers comp pays temporary total disability (TTD) at two-thirds of your average weekly wage, tax-free, for the period you are completely unable to work. Your average weekly wage is calculated based on your earnings in the 52 weeks before the injury. The tax-free status is significant - two-thirds tax-free often approaches or equals your full take-home pay. TTD continues until you can return to work or reach maximum medical improvement.
The settlement amount is based on the permanent disability rating for your specific injury - expressed as a percentage of loss of use of a body part or the whole person - multiplied by the statutory value for that body part and your average weekly wage. More serious injuries with higher permanency ratings produce larger settlements. The range varies widely depending on the severity of the injury, the body part involved, and your wage. I maximize the permanency rating through proper medical evidence.
Yes - all reasonable and necessary medical treatment related to your work injury is paid by the insurance company with no copays, no deductibles, and no balance billing from you. This includes emergency care, surgery, hospitalization, specialist visits, physical therapy, prescription medications, and medical equipment. If the insurance company refuses to authorize treatment your doctor recommends, I file for emergency relief through the IWCC to compel authorization. You should never have to pay out of pocket for work injury treatment.
TTD benefits stop when you return to work. If you return to work with restrictions at a lower wage, you may be entitled to temporary partial disability (TPD) - two-thirds of the difference between your pre-injury and current wages. Your right to a settlement for permanent disability remains regardless of whether you return to work. And your right to future medical benefits continues for the work injury even after settlement in many cases. I make sure all of these benefits are accounted for before your case resolves.
Your Average Weekly Wage (AWW) is generally calculated from your earnings in the 52 weeks before the injury, divided by the number of weeks worked. Mandatory overtime counts. Optional overtime does not. Bonuses, shift differentials, and tips usually count. If you worked less than 52 weeks at the job, the calculation adjusts. AWW drives both your TTD rate and your settlement value, so getting it right is critical. The insurance company often calculates AWW too low - I review every AWW calculation and fight for the correct number. Wrong AWW means undervalued benefits.
Yes, in most cases - even minor injuries with full recovery can support a permanency settlement. Illinois rates permanency by the percentage of loss of use of the injured body part. A fully healed injury may still have a small permanency rating (for example, a fracture that healed but left some residual stiffness or weakness). The settlement reflects that residual disability. Do not let the insurance company tell you that because you returned to work and feel fine, your case is worth zero. Call me at 312-500-4500.
If your work injury prevents you from returning to your prior job and you have to take a lower-paying position, you may be entitled to a wage differential. The amount is two-thirds of the difference between your old wage and your new wage, paid for the remainder of your working life or until age 67, whichever comes first. Wage differentials can be worth substantial sums in serious cases - sometimes more than a standard PPD settlement. I evaluate every case for wage differential potential when permanent restrictions force a job change.
Illinois workers' comp attorney fees are capped by statute at 20 percent of the settlement or award. That is a hard cap - not a starting point. There are no upfront fees, no hourly billing, and no fee unless the case results in a recovery. The 20 percent cap means hiring a lawyer is far less expensive than people assume. And the data consistently shows represented workers recover significantly more than unrepresented ones, even after the 20 percent fee. There is no financial risk to a free consultation - call me at 312-500-4500.
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If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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