If you have been injured on the job and cannot work due to your injuries, you will likely be entitled to receive compensation to reimburse you for the lost wages that you are unable to earn while you are off work. At Therman Law Offices, our Wheaton and Schaumburg workers’ compensation attorneys are committed to helping our clients obtain the benefits that they are due, whether these are partial or total disability benefits. With over 35 years of combined experience, we have helped many Illinois workers resolve their legal claims, and we can help you as well.Benefits for Lost Wages in Illinois
Workers’ compensation is a system established by law to make sure that employees are adequately compensated, irrespective of fault, for injuries that arise out of and occur during the course of employment. Workers’ compensation covers injuries and illnesses that arise ‘on the job.’ In Illinois, about 99.8 percent of workers are covered under the Illinois Workers’ Compensation Act.
Workers’ compensation provides a percentage of an individual’s lost wages, medical bills, and other similar expenses. The employer’s insurance company pays these benefits, but it is the injured worker’s duty to file the claim. When you file a workers’ compensation claim, you submit an application for claim to the Illinois Workers’ Compensation Commission (IWCC). The IWCC is the government agency that handles workers’ compensation claims between employees and employers. This government agency serves as an unbiased administrative court that resolves workers’ compensation claims.
When it comes to recovering lost wages, the type of wage benefits that an injured worker will be entitled to receive will depend on the nature and extent of the worker’s injuries. Such injuries can include physical injuries, aggravations of pre-existing conditions, and even repetitive stress injuries. Lost wages are available on a temporary or permanent basis, depending on the category of disability. An attorney can advise you on which type of benefits you may be able to receive. In Illinois, the categories include the following:
- Temporary Partial Disability (TPD): This benefit is available to workers who have work restrictions or reduced work hours as a result of the workplace injury. Workers who fall into this category are legally entitled to receive 67 percent, or two-thirds, of the difference between what the employee would have earned and the gross earnings in the temporary light duty position. Benefits typically expire when the worker is physically able to perform all of their work duties or return to full hours.
- Temporary Total Disability (TTD): This benefit applies to workers who are totally disabled and unable to perform any work for a temporary period of time, such as while receiving medical treatment or doing rehabilitation. TTD benefits allow an injured worker to receive two-thirds of the worker’s average weekly salary or wages for the 52 weeks before the illness or injury. This amount is subject to certain minimum and maximum limits.
- Permanent Partial Disability (PPD): This benefit is available in cases in which the employee is not totally disabled but has a partial disability that permanently prevents them from being able to work at the level at which they could prior to the injury. PPD benefits allow injured workers to recover two-thirds of the difference between their average weekly wage prior to the injury and their post-injury earnings. These benefits can be paid for five years or until you are 67 years old, whichever is later.
- Permanent Total Disability (PTD): This benefit is available to workers who are completely unable to work or ever return to gainful employment due to their injury. Workers who qualify for PTD will receive two-thirds of their average weekly wage (subject to certain limits) for life.
Dealing with a workplace injury can be extremely stressful. If you have been hurt on the job, it is important to seek legal help right away. At Therman Law Offices, our attorneys can help you pursue compensation to pay for any lost wages or reduced income caused by your work-related injury. We proudly represent people in Schaumburg, Wheaton, Westmont, Oakbrook Terrace, Clarendon Hills, Downers Grove, Lisle, Darien, and Bolingbrook, among other communities. For more information regarding your case, do not hesitate to call us at 312-588-1900 or contact us online.