DGAA bLAWg

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.



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68
https://www.thebalance.com/types-of-workers-compensation-benefits-4047799

Illinois Workers’ Compensation Commission

Web Admin - Tuesday, June 30, 2015

Illinois workers comp commission, Schaumburg workers compensation lawyers

If you have been injured while on the job, it is possible that you qualify for benefits under the workers’ compensation program. These benefits are often very important for individuals who are unable to work due to their injury or illness. Employers in Illinois are subject to numerous requirements relating to workers’ compensation. When disputes between employers and employees arise, the Illinois Workers’ Compensation Commission (Commission) may be used to settle those conflicts. 

Commission 

Workers’ compensation is a no-fault system in which benefits are paid by employers to employees who suffer from work-related injury or serious illness. In some cases, disputes regarding the payment of these benefits arise between an employer and an employee. When this occurs, the Commission provides a method of resolving those disputes through an arbitration process. Arbitration involves both parties stating their case to a neutral, third-party, who then issues a ruling on the issue. The initial decision of the arbitrator may be appealed to a panel of three commissioners. Additional appeals may be brought in the traditional court system. However, most issues are resolved by settlement, thereby avoiding arbitration or litigation altogether. 

In order to begin a claim with the Commission, an employee must file three copies of the Application for Adjustment of Claim along with Proof of Service stating that a copy of the application was served on the employer. After this has been completed, a case number and arbitrator are assigned to the case. Every three months, the case is set for a status call, at which time either party may request a trial. This will continue for three years. If no trial is requested after three years, the arbitrator may dismiss the case. 

 The trial will resolve the dispute between the employer and employee. At the trial, the employee must demonstrate items like the existence of an employment relationship and that an injury occurred in relation to his or her work. While it is not necessary, many employees elect to hire an attorney to represent them. An attorney can help keep track of the claim, appear with an employee at hearings, and present evidence to prove the employee’s eligibility for benefits. Importantly, the Commission cannot recommend an attorney for an employee. 

Benefits of Workers’ Compensation 

Under the workers’ compensation system, employers are responsible for paying benefits when an eligible employee is injured on the job. Most employers decide to purchase workers’ compensation insurance. By purchasing insurance, employers can pay a premium and when a claim is made, the insurance company pays the employee on the employer’s behalf. Alternatively, an employer may elect to self-insure, which makes it their responsibility to pay eligible employees. 

There are numerous benefits provided to employees under workers’ compensation, including: 

1. Medical care reasonably necessary in order to cure or relieve the employee of the effects of the injury or illness;

2. Temporary total disability benefits while the employee is unable to work, recovering from the injury; 

3. Temporary partial disability benefits while the employee is working light duty for less compensation while recovering from the injury; 

4. Vocational rehabilitation or maintenance benefits for injured employees participating in an approved vocational rehabilitation program; 

5. Permanent partial disability benefits for employees who suffer permanent disability or disfigurement, but are still able to work; 

6.  Permanent total disability benefits for employees who suffer permanent disability or disfigurement and are unable to work; and/or 

7. Death benefits for a deceased employee’s surviving family members.

For more information about the workers’ compensation program, including ways in which legal representation can help you recover, you should talk to an experienced Illinois personal injury attorney. Our attorneys represent individuals from areas such as Buffalo Grove, Schaumburg, and Inverness.

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.


Recent Posts


Tags

workers compensation paid sick leave preventing accidents personal injury law firm Mt Prospect Attorney Palatine civil attorney Crystal Lake law firm Jay Andrew Barrington injury attorney Palatine employment attorney rest breaks Crystal Lake insurance lawyer Illinois traffic ticket lawyer agent pizza emoji trustee eluding a police officer Illinois LLC creation Des Plaines criminal attorney personal injury accidents Colin Gilbert Illinois Transfer on Death Instrument Palatine workers compensation lawyer Rolling Meadows traffic law firm employment attorney Rolling Meadows drug defense attorney corporate law Arlington Heights injury attorney blood alcohol content problem employees Illinois Workers’ Compensation Commission investment property operating agreements appealing an insurance claim Legal Info estate planning real estate Palatine construction attorney Palatine drug lawyer Rolling Meadows probate lawyer estate planning for college students elder abuse texting while driving estate attorney Inverness DUI lawyer Long Grove wills and trusts attorneys commercial real estate construction accidents Buffalo Grove injury lawyer Rolling Meadows insurance attorney accidental death benefits Palatine injury attorney Schaumburg criminal law attorney meal breaks Thanksgiving Schaumburg probate attorney medical malpractice digital assets Des Plaines claims law firm disability benefits rent to own real estate contracts Crystal Lake pet attorney modern family estate planning traffic tickets breathalyzer test DMV Schaumburg traffic lawyer Rolling Meadows personal injury attorney caregiver FSLA foreclosure Illinois law drunk driving digital information traffic crimes insurance claim denial Rolling Meadows criminal lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace life insurance policy Deer Park traffic lawyer Illinois mortgages Illinois collections attorney employee discrimination Crystal Lake personal injury attorney Fourth of July creditors elder law Arlington Heights wills and trusts lawyers Palatine traffic accidents anesthesia errors social media after death real estate leasing rumble strips privacy probate lawyer Illinois medical malpractice claim Schaumburg construction accident lawyer denied insurance claims insurance agents Schaumburg Attorney pain and suffering South Barrington real estate lawyer Inverness estate planning lawyer involuntary manslaughter civil litigation Palatine probate lawyer Deer Park real estate law firm crossover accidents digital evidence Illinois insurance attorney revenge porn job lawyers Palatine law firm Arlington Heights medical malpractice lawyer Des Plaines personal injury lawyers home inspection lawyer fiduciary rule delay Deer Park workers compensation lawyer Barrington Illinois estate planning lawyer Inverness accident lawyer privacy laws Schaumburg medical malpractice lawyer Buffalo Grove personal injury attorney Barrington civil litigation attorney Rolling Meadows business lawyer Inverness traffic law firm Illinois trusts attorney pet law IRA benefits drugs Family Medical Leave Act Des Plaines accident attorney condo startup company liability Illinois will lawyer car accident Illinois caretaker rights Chicago biking tips speeding boating under the influence healthcare suspended license Illinois pet lawyer dog bites Des Plaines tax law firm condo association Exclusions Illinois elder law attorney dealing with problem employees Des Plaines real estate attorney IRS products liability small business Crystal Lake business law attorneys fault based insurance real estate zoning minimum wage Illinois estate planning Attorney Ken Apicella Des Plaines real estate lawyer Rolling Meadows personal injury lawyers Arlington Heights TBI attorney Schaumburg car accident attorney Illinois workers compensation lawyer Illinois trucking safety license reinstatement Illinois employment law attorney Crystal Lake employment law attorney traffic accidents car accidents Illinois insurance claims lawyers Des Plaines personal injury attorney guardianship attorney Rolling Meadows tax attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois insurance disputes wills Illinois traffic attorney real estate attorneys Palatine estate planning lawyer Palatine traffic lawyer Rolling Meadows employment attorney Rolling Meadows employment law attorneys estate plan estate planning lawyer Schaumburg personal injury lawyer manufacturing medical marijuana Barrington real estate lawyer Crystal Lake estate planning lawyer Federal Food Drug and Cosmetic Act Barrington personal injury attorney Arlington Heights wills and trusts attorneys Crystal Lake employment attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Rolling Meadows traffic attorney license suspension food poisoning Chicago insurance law firm trench injuries liens Rolling Meadows Attorney Arlington Heights trucking lawyer DGAA hit and run accident premises liability Arlington Heights wills and trusts attorney Deer Park personal injury lawyer employment law power of attorney Crystal Lake personal injury lawyer nursing home negligence DUI attorney Barrington employment law attorney business litigation Self-Directed IRA Accounts Barrington personal injury lawyer Buffalo Grove insurance claim dispute lawyers Schaumburg personal injury lawyers Rolling Meadows litigation lawyer breach of contract Crystal Lake medical malpractice law firm deed transfer Buffalo Grove real estate attorney Illinois workplace discrimination attorney distracted driving accidents Colin H. Gilbert probate fees internet Des Plaines medical malpractice attorney Illinois Wage Payment and Collection Act murder charges Illinois real estate overtime pay Chicago will attorney, social media platforms, Illinois estate planning lawyer, special needs trust Crystal lake insurance dispute attorney spinal cord injury Illinois employment attorneys insurance claim dispute Mount Prospect elder law attorney commercial leases insurance claims life insurance claims Des Plaines insurance attorney Rolling Meadows real estate attorney irrevocable trust Barrington workers compensation attorney drug possession Buffalo Grove employment lawyer consent to a search living trust DNR work unions personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Arlington Heights pedestrian accidents Deer Park traffic accident attorney Chicago attorney fatal car accidents Chicago traffic lawyer distracted driving accident victims life insurance new real estate form capital gains tax Illinois attorney traumatic brain injuries FMLA Buffalo Grove probate lawyer Mount Prospect real estate lawyer Arlington Heights car accident lawyer DUI penalities sexual images Illinois traffic accident lawyer Illinois traffic attorneys Illinois Smoke Detector Act Inverness real estate lawyer Barrington medical malpractice lawyers insurance claim dispute attorney Schaumburg estate planning lawyer hands free device insurance disputes wills and trusts contracts digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Whistleblower Claims Illinois real estate lawyer tax attorney boating DUI drunk driving statistics insurance adjusters Inverness real estate attorney Chicago estate planning traffic deaths Buffalo Grove law firm fiduciary rule employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Rolling Meadows DUI lawyer Illinois insurance claim attorney Barrington criminal defense lawyer Illinois employment law firm drug crimes lawyer Inverness injury lawyer mortgage Illinois jet ski accident lawyer Illinois car accident attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, truck collisions healthcare claims Illinois driving without license Inverness insurance attorney Arlington Heights Traffic Lawyer Illinois estate planning attorney Barrington estate planning lawyer income distribution deducation murder defense Rolling Meadows insurance dispute lawyers insurance attorney Deer Park accident attorney TBI drug crimes Crystal Lake tax lawyer Illinois medical malpractice attorney Palatine employment lawyer compensatory time slip and fall accidents Illinois injury lawyer license federal regulations for LLCs ACA Chicago lawyer commercial leasing severance agreements Deer Park criminal attorney independent contractor preventable medical errors motorcycle accident lawyer pedestrian accident Rolling Meadows changes to mortgage law personal injury lawyer Illinois insurance claim dispute lawyers Schaumburg personal injury attorney Schaumburg corporate attorney GM ignition switches pregnant women medical research Illinois personal injury lawyer Buffalo Grove criminal defense lawyer Illinois employment laws Barrington estate planning attorney Palatine elder law attorney foreclosed rental property uninsured motorist Inverness corporate attorney Crystal Lake accident attorney Buffalo Grove traffic lawyers insurance claim denials Inverness probate lawyer traumatic brain injury Do Not Resuscitate South Barrington real estate attorney mass shooting Illinois business lawyer controlled substance traffic violations defense unpaid overtime Illinois speeding lawyer Illinois lawyer workplace sexual harassment car accident lawyer probate process product liability Palatine business attorney Schaumburg real estate lawyer Rolling Meadows marijuana attorney Illinois pedestrian accident attorney Buffalo Grove personal injury lawyer jet ski accidents Arlington Heights estate planning attorney Rolling Meadows medical malpractice lawyers Schaumburg estate planning attorney insurance claim bad faith insurance claims School Visitation Rights Act golf accidents drug crime Illinois wills and trusts Des Plaines collections attorney unfunded trust Rolling Meadows car accident lawyers landlord tenant law insurance dispute attorney Crystal Lake traffic lawyer Barrington criminal lawyer Palatine corporate law attorneys personal injury claim Barrington litigation attorney unpaid assessment driving Palatine corporate attorney Illinois personal injury murder insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Barrington employment attorney Barrington Traffic Lawyer Arlington Heights traffic attorney Retaliatory Discharge natural gas explosion automated cars Illinois Probate Act of 1975 Barrington attorney expungement defective products real estate attorney Crystal Lake injury attorney Home Sale Contingencies medical malpractice compensation Long Grove estate planning attorney Illinois rollover accident lawyers trusts trucking accidents slip and fall Deer Park employment law attorney underfunded trust estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Rolling Meadows employment law attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys trust payments health insurance dispute marijuana crimes attorney probate claims Crystal Lake car accident lawyer pedestrian accidents bicycle accidents icy parking lots employees Chicago trucking accident attorney loopholes probate claims process Illinois boating accident lawyer auto accidents Illinois civil litigation lawyer Arlington Heights accident attorney Kenilworth estate planning attorneys Arlington Heights employment law attorneys overtime violations Palatine punch death traffic violations Transfer on Death Instrument marijuana medication errors real estate lawyer Illinois criminal defense attorney IRA trust transfer deadly crashes employment contract Illinois Sales Representative Act Schaumburg estate attorney Fair Labor Standards Act Arlington Heights lawyer sexual harassment estate planning trusts Arlington Heights wills and trusts lawyer Palatine employment law lawyer Rolling Meadows accident lawyer subcontractor estate tax denied insurance claim estate planning attorney personal injury claims denial of life insurance Illinois medical malpractice case Long Grove estate planning Illinois workplace lawyer Illinois wills and trusts attorneys Illinois tax attorney Chicago will attorney Rolling Meadows corporate lawyer Kenilworth estate planning lawyer criminal Liquor Control Act Illinois defective products attorney Deer Park DUI lawyer insurance denial appeals Illinois Human Rights Act insurance dispute ken apicella dynasty trusts Crystal Lake medical malpractice lawyer Illinois employee rights attorney. Illinois small business Arlington Heights employment attorney financial advisors Arlington Heights personal injury lawyer trucking accident lawyers Des Plaines Traffic Lawyer Des Plaines motorcycle accident attorney Food and Drug Administration's Food Safety Modernization Act Arlington Heights personal injury attorney liability claims Barrington employment law firm Schaumburg employment attorney underage DUI Buffalo Grove car accident lawyer Schaumburg criminal attorney institutional trustee Illinois bicycle safety wrongful death right to work loss of consortium Schaumburg elder law lawyer Detainer Actions senior citizens Palatine trusts lawyer Chicago insurance claim attorneys Crystal Lake criminal defense attorney Schaumburg employment law attorneys Crystal Lake civil litigation lawyer Mount Prospect wills and trusts lawyers reckless homicide car crash employment lawyer Palatine insurance lawyer rollover car crashes traffic laws insurance claim delay Schaumburg probate Illinois workers compensation attorney texting and driving gift taxes holiday statistics child safety Des Plaines pet law attorney comparative negligence Illinois business law atorneys Chicago employment attorney sole proprietorship life insurance lawyer Illinois personal injury lawyers Des Plaines Riverwoods estate planning lawyer Illinois traffic laws Buffalo Grove traffic attorney license revocation personal injury attorney living trust benefits Inverness elder law lawyer Schaumburg drug defense lawyer Chicago car accident lawyer Inverness personal injury attorney Arlington Heights tax lawyer forming a corporation in Illinois vacation home fines whistleblower protections filing a medical malpractice claim Palatine Attorney clemency Crystal Lake employment lawyer defective products lawyer Buffalo Grove medical malpractice lawyers Schaumburg injury lawyer Illinois construction accident attorney Des Plaines injury law firm IRELA installment contracts Home Remodeling Repair Act Illinois living will Policy Cancellation Des Plaines personal injury lawyer criminal defense Crystal Lake medical malpractice attorneys BAIID Rolling Meadows insurance lawyer Forcible Entry Illinois employment law attorneys attorney fees Illinois registered agent Crystal Lake pedestrian accident lawyer Schaumburg insurance lawyers natural gas Schaumburg wrongful death attorney head on collisions workers comp Kenilworth estate planning attorney wrongful termination Arlington Heights Attorney blended families no contest clauses LLCs Rolling Meadows personal injury lawyer llinois Real Estate Lawyers Association Super Mario Barrington boating accident attorney PTSD owner responsibility Des Plaines drug crimes lawyer swimming pools Illinois motorcycle accident lawyer underinsured motorist Deer Park medical malpractice attorney federal crimes Illinois corporate lawyer Arlington Heights real estate lawyer Rolling Meadows boating crash lawyer civil rights violation Des Plaines civil attorney hiring employees Rolling Meadows estate planning attorney Rolling Meadows criminal attorney Illinois estate planning law firm Joliet general practice lawyers Long Grove real estate attorney Barrington business law firm CAM Rolling Meadows Traffic Lawyer Illinois insurance dispute lawyers jet ski living trust vs will Rolling Meadows insurance dispute lawyers, insurance dispute motorcycle accident insurance agent negligence Chicago employment lawyer residential real estate employee rights real estate contract Arlington Heights criminal lawyer bicycle dooring accidents pet bites cell phone accidents medical malpractice claims Palatine civil litigation lawyer traffic offenses Long Grove estate planning attorneys medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Landlord Tenant Ordinance Palatine real estate lawyer landlord Crystal Lake bike accident lawyer field sobriety test car crashes living wills back injuries ObamaCare Illinois insurance lawyer Crystal Lake traffic attorney spinal cord injuries low-ball insurance settlement personal injury brain injury car crash injuries Arlington Heights car crash attorneys Illinois home inspection trauma after an accident employee misclassification insurance denials pay when paid contract POA Illinois medical malpractice lawyers Des Plaines drug lawyer bike accident Illinois DUI attorney Deer Park motorcycle accident lawyer rollover accidents Illinois wrongful termination lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation car collision Employment Discrimination Law Illinois employment law Chicago corporate attorney Buffalo Grove corporate attorney cell phone tower data unauthorized overtime power of attorney for healthcare criminal record Crystal Lake will lawyer Class A misdemeanor college kids Schaumburg civil litigation attorney pedestrian-automobile accident car accident lawyers insurance negligence Barrington drug crime attorney Illinois job attorney BUI Chicago estate planning lawyer Illinois probate lawyer criminal law construction contracts pedestrian injuries, pedestrian fatality Crystal Lake car accident attorney DUI defense Arlington Heights insurance attorney Des Plaines DUI attorney DUI vacation home cell phone Illinois insurance claim dispute lawyer Palatine criminal defense lawyer first degree murder advance healthcare directive real estate closing Illinois employment lawyer Illinois red light cameras civil litigation attorney Inverness civil lawyer Illinois personal injury attorney taxes surgical mistakes Affordable Care Act Palatine personal injury lawyer workers compensation benefits employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, in terrorem provision dram shop law Long Grove real estate lawyer boating accidents comp time employment law, Illinois employment laws homestead rights wage theft BAC

Archive