Discovering the lasting impact of debilitating workplace injuries involves understanding four distinct methods of compensation. These state-mandated calculations for injuries are explained below. To discuss your workers’ compensation case after suffering a permanent on-the-job injury, contact Marker Law, LLC. Based in Naperville and Aurora, we represent injured workers throughout the Chicago metro area and the state of Illinois.
Key Takeaways
- Illinois uses a schedule of body parts to calculate compensation for permanent injuries, based on weeks assigned and the severity of loss.
- Nonscheduled injuries (like back or spinal injuries) are compensated as a percentage of 500 weeks based on the “person as a whole.”
- Wage differential claims apply when you’re unable to return to your previous job, paying two-thirds of the wage difference for up to five years or until age 67.
- Permanent disfigurement allows up to 162 weeks of compensation at 60% of your average weekly wage (AWW).
- Settlements are calculated using a strict formula, based on the percentage loss of a body part and your AWW, with lifetime limits per body part.
- Minimum and maximum rates for disability payments and settlements change annually, and are published by the Illinois Workers’ Compensation Commission.
Let our lawyers hear about your injuries as described below. We are here for you to help ensure that you receive all compensation and insurance benefits that you are eligible after suffering a permanent injury at work. You can call us at 331-295-8005 or contact us online.
Schedule Injuries
Utilizing the Illinois Workers’ Compensation Statute, the most prevalent approach to injury compensation involves a schedule of body parts. Lawyers, arbitrators and judges refer to this schedule to assess the value of an injured worker’s injuries.
- Calculations involve multiplying 60% of the employee’s average weekly wage (AWW) by the weeks on the schedule for the affected body part. This result is then multiplied by a percentage reflecting the severity or loss of use.
- For instance, a complete amputation of a thumb equates to 76 weeks of 60% of the injured worker’s AWW.
The schedule details weeks assigned to various body parts, with different values for specific injuries:
| Body Part | Weeks |
| Thumb | 76 |
| First (index) finger | 43 |
| Second (middle) finger | 38 |
| Third (ring) finger | 27 |
| Fourth (little) finger | 22 |
| Great toe | 38 |
| All other toes | 13 |
| Hand | 205 |
| Arm | 253 |
| Foot | 167 |
| Leg | 215 |
| Eye | 162 |
| Testicle (1) | 54 |
| Testicle (2) | 162 |
| Person as a whole (all other) | 500 |
Nonschedule Injuries (Affecting The Person As A Whole)
If an injury isn’t listed on the schedule but imposes limitations, the employee may be entitled to a percentage of 500 weeks of benefits based on the loss of the person as a whole.
This percentage is then multiplied by 60% of the employee’s AWW, commonly applicable to neck, back, and spinal injuries.
Understanding Illinois Wage Differential
In cases where injuries prevent a return to the previous job, a wage differential claim may be pursued. This claim allows the injured person to receive two-thirds of the difference between their average weekly wage before and after the injury.
An employee can recover either wage differential or permanency, not both, and receives wage differential payments for five years or until age 67.
Need help figuring out what your injury claim should include? We’ll explain permanency benefits and handle the legal side—so you don’t have to. Free case review.
Compensation And Settlements After A Permanent Work-Related Injury
Permanent disfigurement to specific body parts entitles the employee to a maximum of 162 weeks of benefits at the Permanent Partial Disability (PPD) rate. This involves multiplying the weeks by 60% of the employee’s AWW.
When it comes to settlements, you can only ever get 100% of a body part in your lifetime. If you settle your case and get 20% of the hand for example, you have 80% left to get for future work injuries in your lifetime. 20% of the hand would be 205 x .2 = 41 weeks. The Act requires a formula for settlement whereby we compute the number of weeks x 60% of the employee’s average weekly wage.
Thus, settlement is a set formula based upon the amount of money an employee makes weekly and the percentage of the body part. There is a maximum cap on this settlement rate, however that applies once an employee starts to earn over approximately $1,650 a week. This rate changes with inflation each year and is posted on the Illinois Workers’ Compensation Commission (IWCC) website.
There are also maximum and minimum caps on what you can get for your payments while off work – TTD (temporary total disability). Those rates also change year to year and are posted on the IWCC website. As of 2024, the minimum rate for payment of your off work benefits is $373.33 unless you are a part-time worker making less than this amount weekly, in which case your weekly rate would be the TTD rate the insurance carrier would also have to pay you while you are off work.
If you suspect your workplace injuries might be permanent, it is important to seek legal advice promptly.
Discuss Your Permanent Injuries Occurring On The Job
The attorneys at Marker Law, LLC in Naperville and Aurora, with over 35 years of combined experience, can provide a free consultation to explore your options. Contact us at at 331-295-8005 or contact us online.