Types of Benefits Available Through Illinois Workers’ Compensation

The Illinois Workers’ Compensation Act provides several benefits to workers who are injured or become ill due to their job. These benefits are designed to cover medical costs, replace lost wages, and provide additional compensation for the broader impact an injury can have on workers and their families.

Illinois workers’ compensation law provides several different types of benefits depending on the nature of the injury and how it affects your ability to work. Some benefits cover medical treatment. Others replace lost wages or provide long-term compensation for permanent impairment. Understanding which category applies is an important first step in evaluating a claim.

The Handbook on Workers’ Compensation and Occupational Diseases outlines seven different categories of workers’ compensation benefits in Illinois:

What Types of Benefits Does Illinois Workers’ Compensation Provide?

Illinois workers’ compensation provides medical coverage, temporary wage replacement, permanent disability compensation, vocational rehabilitation benefits, and death benefits for surviving dependents. The specific benefits available depend on your medical restrictions, ability to work, and whether your injury results in temporary or permanent impairment.

Illinois Workers’ Comp Medical Benefits

Medical benefits under Illinois workers’ compensation cover all reasonable and necessary treatment related to a work injury. Employers (or their insurance carriers) must pay for care that cures or relieves the effects of the injury, with no deductibles or co-pays for the injured worker.

Common medical benefits include:

• First aid
• Urgent care and/or ER visits
• Doctor visits
• Hospital stays
• Surgeries
• Physical therapy
• Chiropractic treatment
• Prescribed medications
• Prosthetic devices
• Any prescribed medical appliances, such as crutches

When Are Medical Benefits Available?

Medical benefits begin once a work-related injury claim is approved. Treatment must be related to the work injury and medically necessary. Medical treatment needed before the claim is approved are also compensated.

Do Medical Benefits Ever End?

Medical coverage continues as long as treatment is reasonably required. Disputes sometimes arise over whether additional care is necessary or whether the injury is work-related.

Illinois Temporary Total Disability (TTD) Benefits

Temporary Total Disability (TTD) benefits provide compensation for wages lost while an injured employee is temporarily unable to work. In Illinois, TTD generally pays 66 2/3% of the employee’s average weekly wage while they recover from a work-related injury.

TTD provides compensation for wages lost while an employee is either:

1. Temporarily unavailable to work, according to their doctor
2. Able to perform light-duty work, but their employer is unable to accommodate the restrictions

How Are TTD Benefits Calculated?

The TTD benefit is 66 2/3% of the employee’s average weekly wage, subject to minimum and maximum limits, which the Illinois Department of Employment Security updates every six months based on the Statewide Average Weekly Wage (SAWW).

How Long Can I Receive TTD Benefits?

TTD continues until you either:

• Return to work, or
• Reach Maximum Medical Improvement (MMI)

Maximum Medical Improvement (MMI) is the point at which a doctor determines your condition has stabilized and is unlikely to improve further with or without treatment. If you cannot return to work after reaching MMI, you may qualify for permanent disability benefits.

How Soon Are TTD Benefits Paid?

Your employer is generally expected to make your first TTD payment within 14 days of receiving notice of your injury.

Delays are not uncommon, so it’s a good idea to give your employer a written demand for your TTD benefits, along with a doctor’s note.

If there is a delay in payment, you may be able to petition for penalties or seek recovery of attorney’s fees under Illinois law.

Illinois Temporary Partial Disability (TPD) Benefits

Temporary Partial Disability (TPD) benefits provide compensation for any reduction in wages that occurs when the employee is on light-duty or part-time work while healing, and is earning less than they usually would. In Illinois, the TPD benefit is 66 2/3% of the difference between the average amount the employee would be able to earn in their pre-injury job(s) and the gross amount he or she earns in the light-duty job.

TPD only applies when you are working and earning less because of medically documented restrictions.

How Are TPD Benefits Calculated?

TPD is calculated using the difference between what the employee would be earning in the pre-injury position and what they are actually earning while working light duty.

Step 1: Determine the current average weekly wage (AWW) for the pre-injury job.

Step 2: Subtract the employee’s post-injury gross pay from that amount to find the wage differential.

Step 3: Multiply the wage differential by 66 2/3%.

Example of a TPD Calculation

An employee would be earning $900 per week in their regular position but is currently earning $600 per week on light duty.

$900 − $600 = $300 wage difference

$300 × 66 2/3% = $200 per week in TPD benefits

TPD only applies when you are working and earning less because of medically documented restrictions.

Illinois Vocational Rehabilitation / Maintenance Benefits

Vocational rehabilitation benefits apply when an injured employee cannot return to their pre-injury job and needs retraining or assistance finding new employment. Illinois law requires the employer to pay for reasonable rehabilitation services necessary to restore the employee to suitable work.

What Is Vocational Rehabilitation?

Vocational rehabilitation is a state-administered program, primarily through the Illinois Department of Human Services (IDHS), that helps individuals with disabilities train for and find employment.

In a worker’s compensation case, vocational rehabilitation applies when an employee cannot return to their previous job because of their work-related injury.

Vocational rehabilitation includes, but is not limited to:

• Job search counseling
• Supervised job placement programs
• Vocational retraining
• Education at an accredited institution

The employee must cooperate with a reasonable rehabilitation program and may choose the provider of services or accept one selected by the employer.

What Are Maintenance Benefits?

Maintenance benefits are wage-replacement payments provided while the employee participates in an approved vocational rehabilitation program. These payments are intended to support the worker financially while they focus on preparing for an finding a new job.

The maintenance benefit cannot be less than the employee’s Temporary Total Disability (TTD) rate.

In addition to maintenance payments, the employer must cover reasonable costs and incidental expenses related to the rehabilitation program.

Illinois Permanent Partial Disability (PPD) Benefits

Permanent Partial Disability (PPD) benefits apply when a work-related injury causes lasting impairment, but the employee is still able to work in some capacity. PPD is paid only after the employee reaches Maximum Medical Improvement (MMI).

What Is Permanent Partial Disability (PPD)?

PPD refers to:

1. The complete or partial loss of a body part
2. The partial loss of use of a body part
3. Permanent limitations affecting the body as a whole
4. Serious and permanent disfigurement

PPD only applies when a work-related injury results in permanent physical loss, which can only be determined after the employee reaches MMI.

How Are PPD Benefits Calculated?

Illinois recognizes four ways to calculate Permanent Partial Disability benefits, depending on the type of injury and how it affects your ability to work:

1. Wage Differential Benefits
2. Loss of Specific Body Parts
3. Injuries to the Body as a Whole
4. Disfigurement Compensation

1. Wage Differential Benefits

If your injury prevents you from returning to your prior job and you earn less in a new position, you may qualify for a wage differential award.

The benefit equals 66 2/3% of the difference between what you would be earning in your previous job and what you now earn.

Example:
$900 (pre-injury wage)
− $600 (current wage)
= $300 difference
$300 × 66 2/3% = $200 per week

For more recent injuries, wage differential benefits are generally payable for five years or until age 67, whichever is later.

2. Scheduled Loss for Specific Body Parts

A “scheduled loss” means Illinois assigns a set number of benefit weeks to certain body parts. Instead of debating how much an injury is worth, the law provides a fixed number of weeks for injuries to body parts such as fingers, hands, arms, legs, eyes, and toes:

The number of weeks you receive depends on two things:

• The body part that was injured, and
• The percentage of permanent loss of use.

If a body part is completely lost or can no longer be used at all, you may receive the full number of scheduled weeks. If you lose only part of its use, you receive that percentage of the scheduled weeks.

Your weekly payment is based on your Permanent Partial Disability (PPD) rate, which is generally 60% of your average weekly wage.

Example

Assume the schedule assigns 76 weeks for a thumb. If you are found to have a 50% permanent loss of use of that thumb, you would receive 38 weeks of benefits.

If your PPD rate is $300 per week, your total award would be:

38 weeks × $300 = $11,400

3. Injuries to the Body as a Whole

If an injury is not listed on the schedule but results in permanent limitations, compensation may be based on a percentage of 500 weeks.

The percentage of disability is multiplied by 60% of the employee’s average weekly wage to determine the award.

4. Disfigurement Compensation

You may receive compensation if a work injury leaves a serious and permanent visible scar. This applies to visible areas such as the head, face, neck, chest above the armpits, arms, or legs.

Disfigurement benefits are paid at your Permanent Partial Disability (PPD) weekly rate for a certain number of weeks, depending on the severity of the scarring.

You cannot receive both a disfigurement award and a loss-of-use award for the same body part.

Example

If you suffer a facial scar from a workplace accident and the Commission awards 40 weeks for disfigurement, and your PPD rate is $300 per week, your award would be:

40 weeks × $300 = $12,000

How Is the Level of Disability Determined?

The Commission considers multiple factors when determining the level of permanent disability, including:

• The physician’s impairment rating
• The employee’s occupation
• The employee’s age at the time of injury
• Future earning capacity
• Medical evidence supporting ongoing limitations

No single factor automatically determines the award.

Illinois Permanent Total Disability (PTD) Benefits

Permanent Total Disability (PTD) benefits apply when a work-related injury prevents an employee from returning to any type of employment. If you are permanently unable to perform any gainful work because of your injury, Illinois law provides ongoing wage-replacement benefits.

What Is Permanent Total Disability (PTD)?

PTD refers to:

• The permanent and complete loss of:
  • Both hands
  • Both arms
  • Both feet
  • Both legs
  • Both eyes
  • Any combination of two of those body parts (for example, one leg and one arm)
• The inability to work any job in a reasonably stable job market

How Is PTD Calculated?

PTD is a weekly benefit equal to 66 2/3% of an employee’s average weekly wage (AWW), subject to the same maximum and minimum limits as TTD.

The benefit is paid every week for the remainder of the employee’s life.

Does the PTD Amount Stay the Same for Life?

No. In many cases, Permanent Total Disability (PTD) payments can increase over time.

If a workers’ compensation judge formally awards you PTD benefits after a hearing, you may qualify for yearly cost-of-living increases. These increases are based on changes in Statewide Average Weekly Wage.

The increases typically begin a little over a year after the original award is finalized and are paid monthly as a separate cost-of-living payment in addition to your regular weekly PTD benefits.

Illinois Death and Survivors’ Benefits

If a worker dies because of a job-related injury or illness, Illinois workers’ compensation provides financial benefits to certain surviving family members. These benefits may include a burial payment and ongoing weekly income support.

Burial Benefit

For work-related deaths, Illinois provides up to $8,000 toward funeral and burial expenses.

This payment is made to the surviving family member or the person who paid for the burial.

How Are Survivors’ Benefits Calculated?

Survivors’ benefits are generally paid at 66 2/3% of the worker’s average weekly wage during the 52 weeks before the injury, subject to the same minimum and maximum limits as PTD and TTD.

These benefits are paid weekly, similar to other workers’ compensation wage benefits.

Who Can Receive Survivors’ Benefits?

The primary beneficiaries are:

• The surviving spouse
• Children under the age of 18

If there is no eligible spouse or minor children, benefits may be paid to:

• Parents who were fully financially supported by the worker, or
• Other family members who relied on the worker for at least half of their living expenses

What Happens If the Surviving Spouse Remarries?

If the surviving spouse remarries and there are still eligible minor children, benefits continue.

If there are no eligible children at the time of remarriage, the spouse receives a final lump sum equal to two years of benefits, and no further weekly payments are made.

Do Survivors’ Benefits Increase Over Time?

If survivors’ benefits are formally awarded after a hearing before the Illinois Workers’ Compensation Commission, recipients may qualify for yearly cost-of-living increases based on changes in statewide wages.

As with PTD, these increases are paid monthly as a separate payment in addition to the regular weekly survivors’ benefit.

Learn more about:

• What Qualifies as a Work-Related Injury in Illinois
• Workers’ Compensation Eligibility Requirements
• How Long Do Workers’ Commpensation Benefits Last in Illinois?
• Returning to Work While Receiving Illinois Workers’ Compensation Benefits
• When to Speak to a Workers’ Compensation Attorney in Illinois

Experienced Illinois Workers’ Compensation Representation

Disputes often arise over which benefits apply, how they are calculated, or whether payments should continue. Questions about Maximum Medical Improvement, permanent disability ratings, or wage calculations can significantly affect the value of a claim.

Based in Litchfield, Illinois, Drummond Law represents injured workers throughout the region in workers’ compensation matters. We review the medical findings, wage records, and applicable benefit categories to help ensure claims are properly evaluated under Illinois law.

Speak With an Illinois Workers’ Compensation Lawyer

If you are unsure which workers’ compensation benefits apply to your injury, or if your payments have been delayed, reduced, or denied, speaking with an experienced Illinois workers’ compensation attorney can help you understand your options.

You can contact us online or call 800-842-0426 to discuss your case.