Types of Workers’ Comp Benefits for Lost Wages

Illinois offers several types of workers’ compensation benefits depending on your disability type, whether temporary or permanent, partial or total. Understanding these categories is essential to securing the full compensation you deserve.

If you’ve been injured on the job and are facing lost wages, you may be entitled to workers’ compensation benefits under Illinois law. These benefits help replace a portion of your income while you recover or adjust to disabilities caused by your workplace injury. Knowing which benefits apply to your situation can ease financial stress and help you plan your next steps.

Types of Disability Pay for Workers’ Compensation

If you have developed a long-term condition, you may be able to get disability after a workman’s comp settlement. There are four types of disability claims, each with its own type of payment in a workers’ compensation claim.

Permanent Total Disability (PTD)

If you are unable to work indefinitely due to injuries, you may be eligible for Permanent Total Disability (PTD) under Illinois workers’ compensation laws. PTD is granted when a worker is permanently and completely disabled. It is automatically awarded if a worker loses both hands, feet, arms, or legs. Additionally, it is granted when a disability prevents a worker from performing work for which there is a reasonable chance of employment. As a result, the worker is granted two-thirds of his or her wages, which is paid for the remainder of his or her life. If the worker does return to work, these benefits may be adjusted or terminated.

Permanent Partial Disability (PPD)

If you lose the use of a body part due to work-related injuries, you may be eligible for Permanent Partial Disability (PPD). Despite the loss of a body part, PPD allows you to return to work and earn your wages, even if you cannot perform the same work or hold the same positions as before your injury.

There are four types of PPD benefits available in Illinois.

Wage Differential Benefits 

The purpose of these benefits is to provide compensation for the wages lost due to an injury. You may be able to resume work, but your earnings are lower than they were before the injury.  In this case, you are eligible to receive wage differential benefits until you reach 67 years of age or until five years have passed (whichever comes later).

Disfigurement 

If you have suffered a serious and permanent disfiguring injury that is visible and work-related, disfigurement benefits are available to compensate you. This award is calculated based on 60% of your pre-injury wages and can be received for up to 162 weeks.

Scheduled Loss of Use 

In Illinois, specific body parts are assigned a maximum number of weeks for which you can claim a percentage of your wages. If the accident occurred on or after 1 February, you can claim a percentage of your wages for the following time periods:

• Thumb – 76 weeks; index finger – 43 weeks; middle Finger – 38 weeks; ring finger – 27 weeks; and fourth or little finger – 22 weeks
• Hand – 205 weeks, and arm – 253 weeks
• Leg – 215 weeks, and foot – 167 weeks
• Eye – 162 weeks
• Loss of hearing in one ear – 54 weeks; or total and permanent loss of hearing – 200 weeks

The percentage referred to is based on the degree of impairment of the affected limb. Therefore, if your wages were $500 per week, and you have lost 50% use of your thumb, your benefits would be calculated as follows:

Weekly wages × number of weeks assigned for the limb × percentage loss of use of the limb.

$500 × 76 × 50%= $19,000

In this scenario, you would receive a compensation of $19,000.

Non-Schedule Injuries 

If you have sustained injuries that are not listed in the above schedule but still experience limitations, you could qualify for benefits for up to 500 weeks (subject to injury severity). The number of weeks is calculated by taking 60% of your pre-injury wages and multiplying it by a percentage of 500 weeks based on your doctor’s disability rating of the injury.

Temporary Total Disability (TTD)

If you are temporarily unable to work due to injuries or illnesses, you may be eligible for TTD benefits. The duration of your absence from work will depend on where you sustained the injury or developed the illness. In Illinois, you can receive TTD benefits if you are unable to work for three consecutive days.

If you meet the requirements for TTD benefits, your employer must start paying the benefits within two weeks of the injury. TTD benefits provide two-thirds of your lost wages, based on your average weekly earnings.

Temporary Partial Disability (TPD)

If you have suffered an injury that temporarily hinders your ability to work, but you are not fully disabled, you may qualify for TPD benefits. For instance, you may have injured your leg, which restricts your mobility but still allows you to carry out certain tasks in a lower-paying job. Alternatively, you may be able to work the same job, but for shorter periods of time.

In such cases, workers’ comp insurance providers may provide TPD benefits. These benefits usually cover approximately two-thirds (66.6%) of the difference between your current earnings and your earnings before the injury occurred.

How Workers’ Compensation Wages Are Calculated

After a workplace injury, there are several factors that determine how much your claim for lost wages is calculated. A workers’ compensation attorney will assist you with how to prove lost wages, which may include providing past earnings statements, and other such employment and financial documentation.

If you have been injured while at work, you may be entitled to benefits from workers’ compensation. Regardless of who is at fault, workers’ comp typically provides benefits to those who are injured on the job. 

Under Illinois law, you may have claims for various payments from workers’ comp. These include:

Wage loss. If your injury is severe enough to prevent you from continuing in your current job or finding a similar-paying job, you may be eligible for compensation. This applies even if you are forced to take a lower-paying job. In Illinois, workers’ compensation may cover a portion of this wage differential.

Vocational training. If you have sustained injuries that hinder you from performing your regular job, you might be eligible for vocational training to acquire skills in an alternative profession.

Disability. The type of workers’ comp benefits that you can receive when claiming lost wages depends on the type of disability that you have suffered. There are four different types of disability. These are:

Temporary partial disability (TPD). In this situation, a person sustains an injury that temporarily hinders his or her ability to perform certain tasks, while still being capable of completing his or her job at a diminished capacity.

Temporary total disability (TTD). When a person gets injured and needs time off work to heal. During this period, the person is unable to work at all.

Permanent partial disability (PPD). When a person permanently loses the use of a body part, it is considered a serious matter. In such cases, workers’ compensation typically provides a payment for the loss of a limb.

Permanent total disability (PTD). Sustaining severe injuries in the workplace can result in PTD, which means losing two of the same major body parts or being permanently unable to work.

Maximum Medical Improvement

If you have sustained injuries while on the job, you may qualify for workers’ compensation based on the severity and duration of your injuries. How long workman’s comp lasts is determined by the extent of your injury and when you are no longer affected by it or cannot improve further. 

Maximum medical improvement is officially defined as a point in treatment where no fundamental change is expected despite ongoing medical or rehabilitative procedures. At this point, medical intervention will no longer improve or worsen your condition. 

Employees are typically eligible for workers’ compensation benefits until they reach maximum medical improvement. During rehabilitation, you can receive temporary partial disability benefits, which cover two-thirds of your lost income due to work-related injuries.

When and How Often Do Workers’ Compensation Payments Occur?

Payments are typically made weekly or biweekly, matching your usual pay schedule. In some cases, a lump-sum settlement may be negotiated, but this requires careful consideration with an attorney to avoid undercompensation.

Common Questions About Workers’ Compensation Lost Wages

How long does it take to start getting workers’ comp payments? 

Typically, you should receive your first payment within 14 days after your employer is notified of your injury and the claim is accepted. However, processing times can vary depending on the complexity of your case and whether your claim is disputed.

Can I get workers’ comp if I was partially at fault for my injury? 

Yes. Illinois operates under a no-fault system for workers’ compensation, meaning you can receive benefits regardless of who was at fault, except in cases involving intentional self-harm or intoxication.

What if my employer denies my injury or disputes my claim?

If your claim is denied, you have the right to appeal. This process can be complex, and having an experienced attorney can improve your chances of a successful outcome.

Can I work another job while receiving workers’ comp benefits? 

Generally, if you are receiving temporary total disability benefits, working another job could jeopardize your claim. However, partial or modified work may be allowed depending on your disability status.

What happens if I return to work but still experience pain or limitations?

You may qualify for partial disability benefits if you return to work with restrictions or reduced earnings. Keep your employer and doctor informed about your condition.

Workers’ Compensation vs. Social Security Disability: What’s the Difference?

Many injured workers wonder if they can claim both workers’ comp benefits and Social Security Disability Insurance (SSDI). While both provide financial assistance for disabilities, they serve different purposes and have distinct qualification requirements.

• Workers’ Compensation covers injuries or illnesses directly caused by your job, providing wage replacement and medical benefits.
  
• SSDI is a federal program for long-term disabilities, regardless of how they occurred, requiring a strict medical qualification process.
  

You can receive both types of benefits, but the Social Security Administration may reduce your SSDI payments by the amount you receive from workers’ compensation. Consulting an attorney can help you navigate this interplay and maximize your benefits.

Settlement Options for Lost Wages

When recovering lost wages through workers’ compensation, you may be offered a lump sum settlement or periodic payments. Each has pros and cons:

• Lump Sum Settlement: Provides immediate access to a large sum of money, which can be useful if you need funds upfront or want to avoid ongoing paperwork. However, it requires careful consideration because once accepted, you typically waive your right to future wage loss benefits.
  
• Periodic Payments: Regular payments mimic your usual paychecks and provide steady income over time. This option offers ongoing financial security, but may take longer to receive the full amount.

An experienced workers’ compensation attorney can evaluate your situation and advise on the best settlement strategy to meet your financial and medical needs.

How Long Does It Take to Receive These Types of Workers’ Compensation Benefits?

The timeline to receive workers’ comp benefits varies, but here’s what injured workers in Illinois can generally expect:

• Initial Reporting: Notify your employer immediately after injury. Delays can jeopardize your claim.
  
• Claim Filing and Employer Response: Your employer or their insurer usually has 21 days to accept or deny your claim.
  
• First Payment: If accepted, temporary total disability benefits typically start within 14 days.
  
• Medical Treatment: Ongoing medical care is covered as your claim progresses.
  
• Maximum Medical Improvement (MMI): This phase may take weeks or months, depending on injury severity. Benefits continue during this period.
  
• Permanent Disability Benefits or Settlement: Once MMI is reached and your disability rating is assigned, permanent benefits or settlements are negotiated.

Complex or disputed cases may take longer. Your lawyer’s role is crucial to help speed up the process and ensure you’re paid promptly and fairly.