Benefits Under the Workers' Compensation Act

When an employee has an injury caused by the workplace, he or she is entitled to three benefits under the Illinois Workers’ Compensation Act. They are:

1. Payment of compensation for medical expenses;
2. Payment of temporary total disability or temporary partial disability;
3. Payment for permanent partial total disability or serious and permanent scarring.

Medical expenses are paid by the employer without co-payments or deductibles. The Workers’ Compensation Act provides that 100% of all reasonable and necessary medical expenses be paid as long as the treatment is designed to cure or relieve the effects of the workplace injury. There is no maximum amount of medical expenses the employer may have to pay. The employee is allowed to choose his own treating physician. The law provides for a choice of two doctors. Either doctor may refer the employee to any number of physicians. As long as the employee remains within a chain of referral from the original or second treating physician, medical benefits are payable as described above.

Temporary total disability benefits are paid while the injured employee is recovering from the effects of the injury. Temporary total disability implies that the individual is wholly incapable of performing any work activities. During this period of convalescence from the injury, temporary total disability benefits are paid in the amount of 66-2/3% of the employee’s average weekly wage. The employee’s average weekly wage should be computed to include COLA and shift premiums as well as mandatory overtime. Temporary total disability benefits are tax-free. There is no time limitation on the payment of temporary total disability. As long as the injured employee’s condition has not stabilized, the injured employee may be entitled to payment of temporary total benefits.

An often overlooked provision of the Workers’ Compensation Act is payment for permanent partial/total disability benefits. This portion of the Act is designed to compensate employees who are injured in the workplace who suffer injuries that may no longer require medical attention, but have left some permanent change to the injured employee’s body. Back strains, fractures, injuries requiring surgery, injuries causing disfigurement, may all give rise to additional compensation to the injured employee for permanent partial disability. There is not a “fixed amount” for any injury. Each claim is determined by individual circumstances.

If you have any questions relating to workers’ compensation, please call us.