Illinois Workers’ Compensation Laws

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Illinois workers’ compensation laws cover issues that arise when employees are injured on the job or develop illnesses because of hazardous conditions at the worksite or repetitive job functions performed at their jobs. The Illinois workers’ compensation system provides a variety of benefits to injured and sick employees, including income replacement benefits and healthcare and mileage reimbursement benefits.


Claims under Illinois Workers’ Compensation Laws

If you are injured in a work accident, you are covered by the Illinois workers’ compensation system unless you purposefully injured yourself or were drinking alcohol or using drugs at the time of the workplace accident. Similarly, if you become ill because you are exposed to certain conditions at your workplace or because of constant repetitive motions in your job, you are eligible for workers’ compensation benefits in Illinois. Finally, if a worker dies from either a workplace illness or injury, his dependents may get death benefits.


Illinois Workers’ Compensation Benefits

Income Replacement Benefits

Income replacement benefits are categorized in the following manner according to Illinois law:

1) Temporary Total Disability Benefits (TTD): Workers’ compensation insurance pays TTD benefits when an employee’s injury results in his being incapable of working while he recovers from his injury or illness. Disability payments will be made at the rate of 2/3 of the employee’s pre-tax weekly wages and will be paid for a varying amount of time depending on the duration of the injury.

2) Temporary Partial Disability Benefits (TPD): These benefits are available at 2/3 of the difference between a worker’s pre- and post-injury wages. These are paid when the injured worker can do some kind of work but not the work duties she performed before the accident or disease occurred.

3) Permanent Total Disability Benefits (PTD): PTD is available when the injury or illness will last indefinitely and makes it impossible for the worker ever to earn gainful employment. In Illinois, there are 3 kinds of PTD: (1) claimant medically unable to work, (2) specific permanent and total disability, and (3) “odd-lot” permanent and total disability.

4) Permanent Partial Disability Benefits (PPD): The worker has met medical maximum improvement, but the injury will continue to have lasting detrimental effects. The amount of weekly benefits will depend on the worker’s impairment rating.

Additional Illinois Workers’ Compensation Benefits

Treatment of a Condition: Medical bills incurred in the treatment of your work-related injury or illness will be paid by your employer’s insurance carrier. These include doctors’ appointments, hospital bills, and prescriptions, among others.

Reimbursement for Mileage: You will be paid for the round-trip mileage costs and other expenditures necessary in traveling to your doctor’s office to have your employment injury or sickness treated (in particular, doctor and hospital visits).

Burial/Death Benefits: Burial expenses and compensation for lost earning capacity will be paid to a deceased employee’s relatives if his occupational illness or injury unfortunately causes his demise. The amount of funeral expenses provided varies depending on the situation.


Illinois Workers’ Compensation Statutes

Refer to the Illinois Workers’ Compensation Act in the Illinois Compiled Statutes for specific statutory language.

Employers Subject To Workers’ Compensation: Labor and Employment, 820 ILCS 305, § 1, 4; Covered Employees: Labor and Employment, 820 ILCS 305, § 1, 2; Benefits: Labor and Employment, 820 ILCS 305, § 4(a); Claims Procedure: Labor and Employment, 820 ILCS 305, §§ 1, 2.

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