How Much Do You Get Paid for a Workplace Injury?
When a workplace injury occurs, compensation depends on the type and severity of the injury, the type of medical treatments received, and the ability to return to work.
Calculating Workplace Injury Payments
Under the Illinois Workers’ Compensation Act, workplace injury payments are calculated by looking at a variety of factors. Workers’ compensation benefits and settlement agreement payments must comply with state regulations that calculate how much an injury is worth and how much a victim can receive when injured on the job.
When calculating workers’ compensation benefits and settlement payments, officials evaluate the type and severity of an injury, the type of medical treatments received, and when the worker can return to work. Injuries resulting in physical disfigurement, cognitive dysfunction, or disabilities, also factor into calculations. In disability cases, workplace injury lawyers often see workers who can only return to work on a limited basis or not at all.
Workers’ Compensation Benefits
Illinois law allows for workers’ comp benefits based on several factors including scheduled injuries, percentage of loss, disfigurement, and wage differential.
- Scheduled Injury – Workers’ comp benefits group scheduled injuries into groups based on types of injuries to various body parts. Weekly benefits are calculated by multiplying a worker’s weekly wages by 60%, based on the body part affected.
- Percentage of Loss – When a worker loses the ability to perform duties that were performed prior to the injury, benefits are calculated by multiplying the percentage of loss by 500, which equals the number of weeks allowed for benefits.
- Disfigurement – If a worker is disfigured by an injury, a total number of weekly payments will be determined (not exceeding 162 weeks). This weekly number is then multiplied by 60% of the worker’s weekly wage to calculate the total payment.
- Wage Differential – If an injury requires a worker to accept a different job and less income, the worker is entitled to a wage differential equal to 66.67% (two-thirds) of the wage difference between the old job and the new job.
Illinois workers’ compensation insurance is a “no-fault” system allowing an injured worker to collect benefits regardless of who caused the injury, so many cases are settled between insurance companies and Chicago workplace injury lawyers.
Settlement payments are usually based on an injured worker’s income and maximums allowed under Illinois laws. Insurance settlement payments are calculated at 66 2/3% of a worker’s normal income up to limits allowed by law (adjusted every six months).