Suffering an injury on the job is stressful in itself, but it can be even more challenging when it comes to applying for workers’ compensation. Illinois workers often have questions about how much they may expect to receive. According to the Illinois Workers’ Compensation Act, the awarded value of workers’ compensation Illinois is based on calculations that take into account a range of factors, including how much work time the injury forced the worker to miss as well as the expected medical costs of treatment and recovery.
(article continues below infographic)
Is there a case?
Understanding how benefits from workers’ compensation will be calculated, can determine how much compensation is ultimately received. However, before that discussion can take place, claimants who were injured on the job, and their representatives, must first evaluate whether the injury warrants compensation under the law. The Illinois Workers’ Compensation and Occupational Diseases Act provides injured workers with specific recourse to compensation, so long as the injury arose during the course of employment.
Calculation factors
Assuming that all the administrative responsibilities are performed within the time allowed and the causal relationship between the workplace and the injury is established, focus then falls on the question of how much compensation is considered reasonable. In response to this question, the Act provides language for the range of possible injury scenarios:
The calculation of workers’ compensation in Illinois benefits is based on a number of factors related to the injury in question. Some of the most prominent of such factors are the following four:
- Temporary total disability (TTD)
- Temporary partial disability (TPD)
- Permanent total disability (PTD)
- Permanent partial disability (PPD)
Additionally, what the Act calls reasonably required medical care is an important factor that is included in the calculation of warranted benefits.
TTD benefits are designed to compensate injured workers temporarily. For example, if a worker were recovering from an injury, perhaps following a necessary operation, then TTD would apply. TPD benefits are similar to TTD benefits, except that the person is able to work part-time, so the award is lower. PTD benefits award workers who are permanently incapacitated, while PPD benefits account for permanent disabilities that still allow the injured person to work.
Uninsured fund available
Another factor that may influence the calculation of workers’ compensation in Illinois is the insured status of the liable employer. State law requires employers to carry insurance coverage for potential workers’ compensation claims. However, some employers fail to comply with the law, and the employer may not be capable of paying fair compensation “out of pocket.”
For this reason, the state has created the Illinois Injured Workers’ Benefit Fund, which acts as an intermediary between uninsured employers and their employees who sustain injuries. It is important to note that this fund calculates and pays out on claims only once per year, and each claimant receives only one payment per claim.
Recent Comments