In this article we will explain how to calculate Illinois Workers’ Compensation Claims. For some foundational information about how Workers’ Compensation works in Illinois, check out: Illinois Workers’ Compensation Explained.
The first big factor is whether the work-related injury resulted in death.
The amount of compensation which shall be paid for an accidental injury to the employee resulting in death depends on who survives the deceased employee. In the event a deceased employee is survived by a widow, widower, or any child or children (absent a child or children who are physically or mentally incapacitated), payments shall be made to the widow or widower until the later of the following:
Under the Illinois Workers’ Compensation Act, a “child,” for purposes of determining compensation payouts means any of the following:
Additionally, to any child who, at the time of the deceased employee’s death, is under the age of 18 and entitled to compensation, the compensation payments shall continue for a period of not less than six years. Essentially, if a child is 15 or 16 and entitled to compensation, those payments will be continue until the child reaches 21 or 22 years of age.
Similar to the termination of maintenance (alimony) in dissolution of marriage matters, the weekly compensation payments to a widow or widower are subject to termination upon the remarriage of the widow or widower. However, unlike maintenance (alimony) issues, in workers’ compensation claims, the remarried widow or widower will be paid a lump sum amount equal to 2 years compensation benefits and any further rights of the widow or widower to compensation are terminated.
As an additional payout, not subject to any weekly payment to surviving spouses or children, the sum of $8,000 for burial expenses shall be paid by the employer to the widow or widower, other dependent, next of kin or to the person or persons incurring the expense of burial. 820 ILCS 305/7(f).
Employers are responsible to pay compensation to injured workers according to state-wide accepted schedules. Employers are also responsible to pay any treatment, instruction, and training necessary for the physical, mental, and vocational rehabilitation of the employee, including any and all maintenance costs and expenses.
As an incentive to injured employees, the Workers’ Compensation Act allows the employee to secure their own physician, surgeon, hospital services, etc at the expense of the employer. Many employers, with the approval of the Illinois Workers’ Compensation Commission, maintain what is called a “Panel of Physicians” (physicians approved by the employer and IWCC for use by the employee) that is accessible to all employees.
As we will see below, the amount of compensation depends on the extent of employees injuries.
Permanent partial disability benefits are available when an employee (1) loses the full use of a body part; (2) loses partial use of a body part; or (3) loses partial use of their body as a whole (meaning they can no longer perform tasks that they could prior to the injury).
In the event an employee experiences an amputation of an arm, hand, leg or foot, loss of an eye, or any natural teeth, the employer is responsible for obtaining an artificial replacement of the lost member. Any bracings/cases/etc for any necessary artificial replacements. Additionally, the employer shall, when necessary, maintain in good repair, refit or replace the artificial limbs during the lifetime of the employee. 820 ILCS 305/8(a)(4)(C).
1. Scheduled injury:
2. Loss of Percentage of Person as Whole
3. Wage Differential