ATTORNEYS IN NAPERVILLE, ILLINOIS
There are four different ways of compensating an injured worker for the lasting effects of his/her: Schedule, Non-Schedule, Wage Differential, and Disfigurement. Keep reading to learn more about each type of settlement or award.
The most common means of calculating the permanency is via a schedule of body parts as set forth in the Illinois Workers' Compensation Statute. Using the schedule as a guide, lawyers, arbitrators and judges are able to value an injured worker's injuries. To calculate the approximate value of a scheduled injury, 60% of the employee's average weekly wage (AWW) is multiplied by the number of weeks on the schedule for the injured body part and then multiplied by a percentage reflecting the loss of use or severity of injury of that body part. For instance, 100% of the loss of the use of a thumb would be complete amputation of the thumb and would be worth 76 weeks of 60% of the injured worker's average weekly wage. The schedule below applies to injuries sustained on or after June 28, 2011:
Hand if carpal tunnel
Arm amputated above elbow
Arm amputated at shoulder joint
Toe (great toe/ "big" toe)
Toe (any other toe)
Leg amputated above knee
Leg amputated at hip joint
Eye: loss of vision
Eye removal (enucleation)
Ear: hearing loss due to accident or trauma
Ear: hearing loss due to occupational disease
Kidney, spleen or lung (removal)
Facial bone fracture
Spine or transverse process fracture
Loss of a part of the thumb, finger, or toe up to the first joint from the tip is considered loss of one-half the digit, e.g. 38 weeks for half a thumb. Loss beyond the first joint is considered 100% loss of the digit.
*A loss due to noise exposure may also be compensable, if the employee can show that he or she was exposed to certain noise levels for the duration specified in the law.
Non-Schedule Injuries (person as A Whole)
If the condition is not listed on the schedule of injuries, but it imposes certain limitations, the employee may be entitled to a percentage of 500 weeks of benefits based on the loss of the person as a whole. The number of weeks is then multiplied by 60% of the employee's average weekly wage. Typical injuries in this category are the neck, back, and spinal injuries.
In some cases, a person's injuries may prevent them from ever being able to return to their job. For instance, a truck driver who is involved in an accident that causes permanent paralysis would not be able to go back to work as a truck driver. In a situation such as this, it may be advantageous to seek recovery on a wage differential basis. Wage differential claims entitle the injured person to receive two-thirds of the difference between their average weekly wage before the injury and their average weekly wage after the injury. An injured person may recover for the permanent damage according to the statutory schedule or under a wage differential claim; a petitioner cannot recover for both a wage differential and permanency.
For an employee injured on or after September 1, 2011, the employee shall be paid the wage differential amount for five years from the date of the award or until the employee reaches the age of 67, whichever is later. For example, if a 65-year-old worker is injured and is awarded a wage differential on December 19, 2012, he is entitled to receive the wage differential payments until December 19, 2017. If a 25-year-old employee is injured and is awarded a wage differential, he is entitled to receive the wage differential payments until he turns 67 years old.
An employee who suffers a serious and permanent disfigurement to the head, face, neck, chest above the armpits, arm, hand, or leg below the knee, is entitled to a maximum of 162 weeks of benefits at the PPD rate. The number of weeks is then multiplied times 60% of the employee's AWW.
If you are seeking legal guidance from a skilled attorney in Aurora and Naperville, Illinois call the office of Marker & Crannell.