In the first part of this two-part blog series, we discussed how the workers’ compensation benefits for medical costs, temporary total disability (TTD), and temporary partial disability (TPD) payments are calculated. In this part, we will discuss how permanent benefits and death benefits are calculated.
Permanent Benefit Amounts
If an injured worker reaches maximum medical improvement and is still unable to work or do the same work they once did, permanent partial or total disability benefits will likely be awarded.
There are several methods of calculating permanent partial disability (PPD) benefits:
Wage differential – The wage differential is two-thirds of the difference between the employee’s pre-injury wages and the amount the employee makes after. If an employee’s average weekly wage (AWW) before the injury was $1,600 and they now only make $1,000 each week, that is a difference of $600. The benefit would be two-thirds of $600, which comes out to be around $400.
Schedule injuries – Certain values are given to certain body parts by the Illinois Workers Compensation Commission (IWCC) in the form of weeks of compensation. When you sustain an injury to a body part that is on the schedule, the partial loss is calculated and applied to the number of weeks that correspond to the body part. That number of weeks is then multiplied by 60 percent of the worker’s AWW.
Non-schedule injuries – If an injury is not on the schedule of injuries, you may be able to receive a percentage of 500 weeks of payments based on the loss of the use of your body as a whole.
Disfigurement – If a worker suffers from a serious scar or disfigurement, they are entitled to up to 162 weeks of their PPD rate. The number of weeks the amount is awarded depends on the severity of the scar or disfigurement, which cannot be assessed until at least six months of healing have passed.
Permanent total disability (PTD) benefits are paid out when a person cannot work or loses the use of at least two limbs or both of his or her eyes. A PTD benefit is paid out each week for the rest of the employee’s life. The benefit is equal to two-thirds of the worker’s AWW, subject to maximums and minimums that change periodically.
If a worker dies because of a work accident, the worker’s family will be paid $8,000 for funeral and burial expenses. In addition, eligible survivors will receive a benefit that amounts to two-thirds of the worker’s AWW in the year prior to their death.
A Crystal Lake, IL Workers’ Compensation Lawyer is Here to Help
If you have been injured at work, you have rights. At Botto Gilbert Lancaster, PC, we know just how financially straining an unexpected injury can be. Our team of experienced McHenry County workers’ compensation lawyers are here to answer your questions. To schedule a free consultation to get started discussing your case, call our office today at 815-338-3838.