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


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