Understanding Workers’ Compensation Disability Benefits

Web Admin - Friday, March 09, 2018
Schaumburg workers' comp benefits attorneyWhen a person is injured while they are working, they are entitled to workers’ compensation benefits that will cover the costs of medical care and any required rehabilitation. In addition, they may be eligible to receive disability benefits to compensate them for income lost while they were unable to work or for any impairment to their ability to earn an income in the future. In Illinois, there are four different types of disability benefits:

  • - Temporary Partial Disability (TPD) - This type of disability applies when a worker is only able to work part-time or in a position that provides reduced pay while they are recovering from their injuries. They will be eligible to receive benefits of two thirds (66 2/3%) of the difference between their income prior to the injury and the income they earn in their reduced capacity.
  • - Temporary Total Disability (TTD) - If a worker is unable to work for at least three days while they are recovering from their injuries, they will be eligible to receive TTD until they are able to return to work. TTD benefits are two thirds (66 2/3%) of their average weekly wage, and this amount is increased by 10% for their spouse and each of their children (up to a maximum of 100%).
  • - Permanent Partial Disability (PPD) - An employee who suffers a permanent injury, such as hearing loss or the amputation of a limb, is eligible to receive PPD. Depending on the body part and the level of impairment, they will be able to receive compensation of 60% of their average weekly wage for a certain number of weeks of work. This percentage is increased by 10% for a worker’s spouse and each of their children (up to a maximum of 100%).
  • - Permanent Total Disability (PTD) - This type of disability applies when an employee is permanently and incurably injured and unable to return to work. They will receive two thirds (66 2/3%) of their average weekly wage for the rest of their life, with this amount being subject to cost of living adjustments each year. 

Contact an Arlington Heights Workers’ Comp Attorney

Injuries that impair a person’s ability to work and earn an income can be devastating to a family’s finances. However, if these injuries occurred while a person was working, workers’ compensation benefits can provide them with the resources they need to make a recovery and continue providing for their family. If you have been injured while working, the skilled attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you file a workers’ compensation claim and ensure that you receive the benefits you deserve. Contact our Palatine personal injury attorneys at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Are Holiday Gifts Subject to Federal Gift Tax?

Web Admin - Thursday, December 21, 2017
Barrington estate planning and tax lawyerThe holiday season is a time of giving, but as you celebrate this time with your family and friends, you may need to be aware of a certain omnipresent aspect of American life: taxes. While it will likely only apply to people who earn a high income or have large financial assets, it is still a good idea to understand the Federal gift tax and the impact it may have on the gifts you give and your estate.

What Is the Gift Tax?

When a person transfers property to someone else without receiving something of equal value in return, this is considered a gift by the Internal Revenue Service (IRS), and it may be subject to gift taxes. The person who gives the gift to someone else (known as the donor) is responsible for filing tax forms for the gift and paying the gift tax.

Gift Tax Exclusions

Certain types of gifts are excluded from taxes, including gifts given to one’s spouse, gifts given to a political organization, and tuition or medical expenses paid on someone’s behalf. For other gifts, an annual exclusion threshold applies. That threshold is $14,000 for 2017, and the threshold for 2018 will be $15,000.

The annual exclusion applies to gifts given to an individual person, so if a donor gives multiple people gifts of less than $14,000 each, they will not owe any gift taxes. For spouses, the exclusion is doubled, so a married couple can give a gift of up to $28,000 without owing gift taxes.

In addition to the annual exclusion, everyone is entitled to a lifetime exemption known as the basic tax exemption. For people who die in 2017, that exemption is $5,490,000, and in 2018, the exemption will increase to $5,600,000. The taxable amount of gifts greater than the annual gift tax exclusion threshold can be applied toward this lifetime exemption, and taxes will not be owed on these gifts. However, any amount of the basic exemption used during one’s lifetime will be deducted from the amount of their estate that is exempt from estate taxes upon their death.

Contact a Schaumburg Estate Planning Attorney

Determining how gift taxes will affect your finances and your estate can be a complex undertaking. If you want to make sure you are protecting yourself and providing for your family’s financial security, the skilled attorneys at Drost, Gilbert, Andrew & Apicella, LLC can work with you to ensure you have met your legal requirements and have the financial resources in place that your family needs. Contact our Rolling Meadows estate planning attorneys today at 847-934-6000 to schedule a personalized consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Red Light Cameras in Illinois: What You Need to Know

Web Admin - Thursday, November 21, 2013

Motorists come in contact with yellow lights at intersections daily. And while many slow to a stop to avoid a possible accident, others may risk their chances by gunning the engine through the changing lights above, often doing so with no repercussions.

Even if you avoid an accident, you may still be hit with a traffic citation for running a red light. In fact, with the proliferation of red light cameras throughout Illinois, residents in Chicagoland may find themselves being mailed tickets for allegedly running a red light and being caught on camera. Citations are sent to the registered owner of the vehicle, even if the owner was not driving at the time.

The cameras are connected to traffic signals at select intersections. There is usually a constant low-resolution video feed being recorded, and sensors are connected to crosswalk lines and stop lines. When vehicles cross those lines after a light is red, a high-resolution camera is triggered that tries to captures the vehicle license plate and an image of the entire vehicle in the intersection.

The Consequences

If you are convicted of red light camera violation, you will have clear consequences. For starters, you will owe a fine­--typically $100. But it is not only a matter of money; the citation will affect your driving record and may result in 20 “points” being added to your license record. Considering the effect that this may have down the road, it is important to think twice before automatically paying the ticket.

Defending Yourself Against Red Light Tickets in Illinois

Under Illinois law, if you receive a ticket in the mail you have the option to request a hearing to contest the violation.  

Mistakes are frequently made by these automated systems. The technology is not perfect, and many resident who lawfully enter an intersection before a light is red, or make a right turn on a red light after properly stopping, still receive citations in the mail. The same Illinois law that allows administrative hearings to contest a charge also require municipalities to provide you with access to the recorded images of your supposed violation.

In addition, there are specific state rules that prevent municipalities from issuing citations in any manner they choose. For example, the law explains that a municipality “may not use an automated traffic law enforcement system to issue violations in instances where the motor vehicle comes to a complete stop and does not enter the intersection… even if the motor vehicle stops at a point past a stop line or crosswalk where a driver is required to stop…”

For help with red light ticket legal issues throughout the Chicagoland areas, including Lake County, Will County, DuPage County, and other nearby communities, please contact an experienced Illinois traffic lawyer today. We help residents in many northwest suburban areas including Arlington Heights, Palatine, Buffalo Grove, Barrington, Schaumburg, Des Plaines, McHenry, and Crystal Lake defend themselves in these situations.

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