Click here for the law relating to
injuries and exposures before
February 1, 2006.
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INTRODUCTION
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The Illinois Workers’ Compensation
Act provides the only legal remedy against the employer
for a worker accidentally injured on the job. This
guide to workers’ compensation is presented here to
assist you in claiming your rights under this law.
This brief outline of the Act applies to accidental
injuries and exposures which happen on or after February
1, 2006. For complete information, including your
rights for injuries occurring before February 1, 2006,
contact us. |
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The Statute and thousands of court
and Workers’ Compensation Commission decisions interpreting
it are quite complicated.
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A SUMMARY
OF THE ILLINOIS WORKERS' COMPENSATION ACT
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If you are injured in the course of
your work, you may be entitled to three benefits
from your employer: payment of weekly compensation,
all reasonable and necessary medical expenses, permanent
disability, serious and permanent disfigurement,
and death benefits.
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YOUR COMPENSATION
RATES
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Your weekly compensation rates are
the basis for figuring benefits under the Act. You
have two compensation rates, both fixed as of the
date of your accident. Both rates are a percentage
of your average straight time weekly earnings for
the year before your accident, but are subject to
certain maximum limits and also to minimums for
low paid workers. Certain circumstances may permit
inclusion of overtime earnings in this calculation.
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One rate applies to three kinds of
payments: temporary total, total disability and
death. This rate is two-thirds of your average weekly
earnings, limited by a maximum which is subject
to change every January 15 and July 15, according
to fluctuations in the statewide average wage. For
example, for accidents from January 15, 2005 through
July 15, 2006, this maximum rate is $1,096.27.
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The second rate applies to permanent
partial disabilities, such as specific loss, and
is set at 60 percent of your average weekly wage.
The maximum for this rate was fixed at $591.77 per
week for accidents from July 1, 2005 through June
30, 2006.
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KINDS
OF PAYMENTS
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TEMPORARY TOTAL COMPENSATION ("TT")
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If because of an injury on the job,
you are unable to work for more than three working
days, you are entitled to weekly payments in the
above amounts. Payment for the first three days
are due if your period of total disability extends
for more than fourteen calendar days from the date
of injury.
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Temporary total compensation continues
as long as you are totally disabled and under treatment.
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TEMPORARY PARTIAL DISABILITY
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When the employee is working light
duty on a part-time or full-time basis and earns
less than he or she would be earning if employed
in the full capacity of the job or jobs, then the
employee shall be entitled to temporary partial
disability benefits.
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PERMANENT
DISABILITY, DISFIGUREMENT OR DEATH
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Specific Loss Compensation
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A “specific loss” is a permanent disability to certain
specific “members” or parts of the body. Once your
injury has stabilized, you may be entitled to a
monetary settlement or trial award based upon many
factors.
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Recovery is allowed for partial
loss of hearing due to exposure to loud noise.
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Person as a Whole
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A worker who is disabled may receive
up to five-hundred weeks of compensation for permanent
partial disability to the whole body.
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Permanent Earnings Loss
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A permanent reduction in earnings
capability is also compensable. The injured worker
is entitled to 66-2/3% of the reduction for life,
subject to limitations.
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Permanent Total Disability
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1) Inability to Work. If an injury
results in complete disability so that the employee
is wholly and permanently incapable of work, compensation
is payable weekly until death, or until the employee
is able to return to work.
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2) Disability Based on Specific Loss.
The loss of use of both hands, or both arms, or
both feet, or both legs, or both eyes, or any two
of them - as for example, one arm and one leg -
suffered in an accident constitutes permanent total
disability and entitles the employee to weekly compensation
payments until death even if the employee can work.
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Disfigurement Compensation
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An employee who suffers permanent
scars on the hand, head, face, neck, arm, upper
chest or the leg below the knee, may recover for
disfigurement. The amount payable varies in each
case, depending on the seriousness of the disfigurement,
but it can in no case exceed 162 weeks.
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Fatal Injury Compensation
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Where an employee dies as a result
of accidental injuries on the job, leaving a widow
(or widower), children or other dependent heirs,
compensation may be payable. A widow (or widower)
receives the compensation rate each week until she/he
dies, up to a maximum of 25 years, or until she/he
has received $500,000.00, whichever is greater.
However, if the widow (or widower) remarries at
a time when there are no dependent children, she/he
receives only a lump sum of 2 years compensation.
Children may receive benefits up to age twenty-five
if they are full time students. The burial benefit
is $8,000.00.
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Click here for the remainder of the
Workers'Compensation
Guide.
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Click here for the law relating to
injuries and exposures before
February 1, 2006.
|
| Copyright © 2006 by Katz,
Friedman, Eagle, Eisenstein, Johnson & Bareck
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