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.


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. 


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


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