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How to Calculate the Value of a Workers’ Compensation in Illinois

How to Calculate the Value of a Workers’ Compensation in Illinois


Workers’ Compensation for Non-Fatal Injuries

If an employee is injured in a non-fatal accident, their compensation will be determined by the extent of their injuries sustained in the accident. 

Scheduled Injury

    • In Illinois, there is a set maximum number of weeks pertaining to numerous body parts for which an injured employee can receive workers’ comp benefits.
    • To determine your weekly compensation rate for permanent partial disability, use 60% of your Average Weekly Wage (AWW).  Each scheduled body part is assigned a certain number of weeks. You can negotiate the percent of function you have lost on a scheduled body part . Multiple the agreed on percent of loss by the weeks for that body part by your PPD rate and you have determined the amount you will get. There are several factors used to decide what your loss of use is. One factor is an impairment rating. Some state rely solely on impairment ratings and the settlements are small. Illinois uses several other factors and in most cases the settlement or award is higher than the impairment rating. Cases are often settled and even tried without impairment ratings. A good lawyer will know what facts to emphasize to get you a higher settlement and will know what factors to address so that your settlement or award will not be reduced.

    Wage Differential

    • Sometimes, an injury may require an individual to accept new work with less income than their previous job.
    • In these cases, the employee may be able to receive compensation equal to two-thirds of the wage difference between their old job and their new job. Note: the difference cannot exceed the State Average Weekly Wage (SAWW).

    Disfigurement

    • If an employee sustains a work-related injury that results in disfigurement, they may be entitled to receive workers’ compensation for up to 162 weeks (per the list of scheduled injuries).
    • The employee and their employer may work together to determine how many weeks they’ll be compensated for. Multiply that number by 60% of their AWW to calculate their total compensation.

    Temporary Total Disability

    • An employee who is temporarily totally disabled and cannot perform any of their job functions can start receiving weekly compensation on the fourth working day of their disability. Compensation will continue for the duration of the disability.
    • Should the disability last longer than 14 days, compensation will begin from the day following the accident.
    • Multiply 66.67% of the employee’s AWW to determine your TTD Rate.

    Permanent Total Disability

    • An employee who is injured in a work-related accident that results in a complete and permanent inability to work or the loss of use of two or more of their eyes, legs, feet, arms, or hands is considered permanently totally disabled.
    • Individuals with a permanent total disability are entitled to lifetime weekly permanent disability compensation equal to two-thirds of their AWW (not to exceed a maximum of 133.33% of the SAWW).
    • There is also a way to prove that you are an “odd lot” permanent total disability, which is a complex topic and is discussed in more detail in other blogs.

    Workers’ Compensation for Fatal Injuries

    If an employee suffers an accidental injury that results in their death, the amount of compensation to be paid depends on who survives the deceased employee. If they are survived by a widow, widower, or a child/children, the compensation is paid to the widow or widower until:

    • The widow or widower is deceased
    • The youngest surviving child reaches 18 years of age
      • Note: If the child is enrolled as a full-time student at an accredited educational institution, compensation will continue until they reach 25 years of age.

    What happens if a widow or widower who is receiving compensation payments gets remarried? The payments are subject to termination. The widow(er) will be paid two years’ worth of compensation in one lump sum before their rights to the compensation are terminated.

    RKM has represented the dependents in several fatal workers compensation claims including successful verdicts and large settlements on cases that were disputed prior to being retained.

    Consult Rubens Kress & Mulholland to Learn More

    As you can see, learning how to calculate workers’ compensation payments can get complicated. The last thing you want to do is miscalculate and accept less than what you’re entitled to. If you’d like to seek the help of a professional, contact the Chicago-based Illinois workers’ compensation attorneys at Rubens Kress & Mulholland for a free consultation. The attorney’s fees in a workers compensation case are only 20%! Having an experienced attorney like one of the RKM attorneys will almost always net you a higher settlement even after our 20% is taken out.  Our team will review the facts of your case and ensure you receive proper compensation if you are so entitled –– and we have a record of successful cases to lead by example! Call us toll-free at (866) 890-9640 if you have any lingering questions.

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