crystal lake workers compensation lawyerNearly all employers in the state of Illinois are required to carry workers’ compensation insurance to help offset some of the costs of workers being injured. Workers’ compensation provides various benefits to employees when they are injured, including both temporary and permanent benefits for total- and partial-loss injuries. Benefits typically cover medical expenses related to the injury or death benefits if the injury resulted in the worker’s death. The amount of compensation an injured worker receives greatly depends on what the worker was earning at the time of the accident and the outcome of the injury. In this two-part series, we will help you understand how worker’s compensation is determined for injured workers.

Amount of Temporary Benefits

Being injured and unable to work can be an extremely frustrating position to be in. For many families, if a worker is injured, that could have a financial effect on the entire family. One of the first questions you likely have after being injured at work is, “How much will I receive in benefits?” The answer to that question depends on a variety of factors, like the nature of the injury, how severe it is, the effect the injury has on your ability to work and how much you are able to earn, and how much you earned before the accident.

Medical benefits – The Illinois Workers’ Compensation Handbook states that most medical services are subject to a fee schedule. This means that the employer pays either the actual cost of the medical provider’s charge, or the amount that has been determined on the fee schedule, whichever is less.

Temporary total disability (TTD) benefits – If a worker is temporarily unable to perform any kind of work, they may be able to get temporary total disability TTD benefits. TTD is calculated by taking two-thirds of the worker’s average weekly wage (AWW). These payments are subject to minimums and maximums, which change periodically. For example, the maximum wage amount until July 14, 2021 is $1,613.93. The minimum wage amount is either the worker’s AWW or  it depends on the number of dependents the worker has, whichever is less. A worker with an AWW of $500 and spouse and two children would actually have a minimum amount of $425.33, based on the benefit schedule.

Temporary partial disability (TPD) benefits – TPD benefits are paid to a worker when they are working while healing but cannot do the work they did before their injury or are only working part-time. TPD benefits are meant to help fill the gap in earnings that likely exists. The TPD benefit is two-thirds of the difference between the worker’s pre-injury AWW and the gross earnings from the light-duty or part-time job. For example, say there is an employee whose AWW was $1,000. If they can only earn $600 while they are recovering, then the TPD amount would be two-thirds of $400, the difference between the two, to come up with a benefit of $266.64. 

Contact a McHenry County Workers’ Compensation Attorney Today

The consequences of a work accident can be devastating. At Botto Gilbert Lancaster, PC, we can help you know what to expect from a workers’ compensation claim. To schedule a free consultation with our Crystal Lake, IL workers’ compensation lawyer, call our office today at 815-338-3838.






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