How Long Does Workers’ Comp Last?
It’s common for people who have been injured on the job to wonder, “How long does workers’ comp last?” There is no one-size-fits-all answer to this question, because the workers’ compensation timeline and the duration of benefits are unique to each case. The length of time a worker can receive workers’ compensation benefits depends on the type of work-related injury or illness and the disability category assigned by state laws.
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Understanding Workers’ Compensation in Illinois
When a work injury occurs, it can have a big impact on a worker’s health, finances, and lifestyle. Depending on the severity of the injury, a worker may be faced with high medical bills, lost income, and pain and suffering that requires ongoing rehabilitation or therapy. Most workers who get injured on the job have two primary questions: “How much will workers’ compensation benefits pay?” and “How long can you be on workers’ comp?”
The answers to these questions may not be straightforward. Workers’ compensation is controlled at the state level and laws vary between states, so a worker’s employment location is key to claims and benefits. In Illinois, all workers’ comp claims are handled by the Illinois Workers’ Compensation Commission (IWCC), a state-run organization that reviews work-related claims and determines appropriate benefits for injuries.
In Illinois, nearly all workers are entitled to workers’ compensation benefits for work-related injuries and illnesses, as defined by state law. Once a claim is approved by IWCC, benefits are typically paid to a worker in weekly or bi-weekly payments. If a claim is denied, a Chicago workplace injury lawyer can file an appeal with IWCC and schedule a meeting to review the claim. If necessary, the workplace injury lawyer can file a personal injury lawsuit that will be handled through the Illinois court system.
Workers’ Compensation Timeline for Benefits: How Long Can You Be On Workers’ Comp?
Workers’ compensation benefits and the duration of payments are based on IWCC regulations that categorize work-related injuries. The four categories that impact the duration of workers’ compensation benefits are Temporary Total Disability; Temporary Partial Disability; Permanent Total Disability; and Permanent Partial Disability. The type of disability benefits you’re entitled to receive will impact how long you can be on workers’ comp.
Temporary Total Disability
Temporary Total Disability (TTD) is assigned when a worker is completely unable to perform his/her job duties but is expected to make a recovery and return to work at some future date. With a TTD assignment, workers’ comp benefits will continue until a physician determines that the worker has reached maximum medical improvement.
Temporary Partial Disability
Temporary Partial Disability (TPD) is assigned when a worker is able to return to his/her job on light-duty or perform part-time work during the recovery period. With a TPD assignment, workers’ comp benefits are paid at the worker’s normal wage through recovery. Benefits end when a physician determines the worker has reached maximum medical improvement.
Permanent Total Disability
Permanent Total Disability (PTD) is assigned when a worker suffers injuries that leave him/her permanently disabled and unable to perform any job duties. PTD is often assigned when a worker loses limbs such as hands, arms, legs, feet, or suffers vision loss. With a PTD assignment, workers’ comp benefits are usually paid weekly for life.
Permanent Partial Disability
Permanent Partial Disability (PPD) is assigned when a worker loses total or partial use of a body part, such as a hand, arm, leg, or foot, leaving him/her unable to perform some of the job duties that were a normal part of employment prior to the injury. In Illinois, there are four types of PPD benefits and each type has a timeline for benefit payments:
- Wage Differential Benefits – Some workers may be able to return to work, but may have lower earnings due to a PPD assignment. Wage differential benefits allow a worker to collect two-thirds of the difference between previous wages and new wages. Wage differential benefits end after 5 years or when the worker reaches age 67, whichever comes later.
- Scheduled Injury Awards – With a scheduled injury award, a worker can collect weekly PPD payments that match 60% of his/her average weekly wage. Illinois sets a maximum number of weeks for payments based on the specific body part that sustained injuries. Workplace injury lawyers can provide more information on these awards.
- Non-Scheduled Injury Awards – If an injury to a body part is not listed on the IWCC benefits schedule, a worker may receive benefits equal to 60% of his/her average weekly wage prior to injury for up to 500 weeks, based on the physician’s disability rating for the injury.
- Disfigurement Benefits – If a worker suffers permanent disfigurement of a body part, he/she can receive up to 162 weeks of benefits at 60% of his/her average weekly wage. Typically, this benefit is linked to the severity of the worker’s disfigurement.
Illinois workers are entitled to workers’ compensation benefits regardless of who is at fault for injuries, as long as injuries occur within the scope of the worker’s normal employment duties. The payouts are rarely enough to cover all the losses suffered by injured workers and their families, however, especially since there is a limit to how long you can be on workers’ comp.
If injuries are caused by another person’s negligent actions, additional sources of recovery may exist that can make up for what workers’ comp didn’t pay. For example, the worker may file a personal injury lawsuit in civil court to recover damages from another person who is not the victim’s employer. If the accident was caused by defective equipment or machinery, the injured worker can file a claim against the manufacturer. If the employee of another company contributed to the accident, the injured worker might be able to sue that person’s employer.
While winning a third party lawsuit or even getting Social Security Disability after a workplace injury won’t impact how long workers’ comp benefits last, a substantial award can make dealing with financial losses much easier when benefits end.
To learn more about how long you can be on workers’ comp, schedule your free consultation with the attorneys at DePaolo & Zadeikis in Chicago. Call 312-263-7560. No upfront fees.
