Work accidents can lead to traumatic brain injuries, spine injuries, neck injuries, internal organ damage, broken bones, and other serious injuries. Many work injuries are the result of sudden traumatic accidents. Others are caused by long-term exposure to hazardous chemicals, cumulative trauma caused by repetitive motion, or years of manual labor. In Illinois, workers’ compensation is “no-fault” meaning that you do not have to prove another party was at fault to recover compensation.  However, there are still ways that fault can influence your case.

Workers’ Compensation Claims and Fault

To recover compensation for medical expenses and lost income through your employer’s workers’ compensation insurance, you must only show that the injury occurred at work. You do not have to prove that your employer, co-worker, or another party was to blame for your injury. You can even recover compensation if the accident was your own fault. However, there are some specific situations in which a worker cannot recover compensation through workers’ compensation. For example, a worker may be barred from compensation if the injury was self-inflicted or if he or she was injured while committing a crime.

Can I Sue My Employer if The Employer is At Fault?

Being injured at work because of your employer’s oversight or irresponsibility can be infuriating. Unfortunately, the Illinois Workers Compensation Act significantly limits an injured worker’s right to sue their employer. However, you may be able to sue your employer if the employer intentionally injured you. You may also be able to sue your employer if the employer does not carry workers’ compensation insurance in violation of Illinois law.

Work injuries can happen to anyone. Whether due to an equipment accident or fall, long-term exposure to hazardous chemicals, or another reason, work-related injuries can lead to suffering and financial hardship. If you or a loved one were injured while working, you may be dealing with mounting medical bills and other expenses. Additionally, you may be left with painful symptoms that prevent you from working. Fortunately, you may be able to recover compensation for your medical expenses, lost income, and possibly more through a workers’ compensation claim or a personal injury claim.

Workers’ Compensation in Illinois

Workers’ compensation insurance covers expenses related to worker injuries and illnesses. Workers’ compensation also replaces part of the injured worker’s lost income. In Illinois, workers’ compensation is “no-fault” which means that you do not have to prove that your employer or another party was at fault for the injury or illness. In most cases, an injured worker is entitled to compensation for an injury as long as the injury occurred at work and as a result of work duties. This means that you can recover compensation through worker’s comp even if your own carelessness led to the injury. There are some exceptions to this rule. An injured worker may be ineligible for compensation if he or she was intoxicated by drugs or alcohol, engaged in “horseplay,” or sustained the injury while in a physical fight he or she initiated.  

Personal Injury Lawsuits Against a Third Party

Illinois workers’ compensation laws prohibit an injured worker from suing his or her employer except in very rare circumstances. However, if a party other than your employer caused your injury, you may be able to sue that party. For example, if you suffered an injury on a construction site because of a contractor’s negligence, you may be able to sue the contractor.

Injured workers in Illinois are often entitled to financial compensation for medical expenses and lost income through workers’ compensation. If you have been seriously injured at your job and your injuries have permanently prevented you from performing the work duties you performed before the injury, you may be eligible to receive permanent disability benefits. There are two different kinds of permanent disability benefits: permanent partial disability (PPD) and permanent total disability (PTD).

Permanent Partial Disability

A worker who suffered a permanent injury but is only partially impaired may still be able to earn money from their job. However, they may not be able to perform the same job functions as they could before the injury-causing incident. The workers’ compensation benefits for which they qualify will depend on the part of their body that is permanently disabled and how this impairment affects their ability to work. There are several types of partial permanent disability benefits in Illinois. If a worker’s injury allows the worker to obtain a job that pays less, their workers’ compensation benefits will be two-thirds of the difference between their previous income and their new income. If the worker’s disability payments are based on the Illinois Workers’ Compensation Act schedule of injuries, the worker receives 60 percent of his or her weekly salary for a number of weeks determined by the schedule. 

Examples of PPD include:

In the first part of this two-part blog series, we discussed how the workers’ compensation benefits for medical costs, temporary total disability (TTD), and temporary partial disability (TPD) payments are calculated. In this part, we will discuss how permanent benefits and death benefits are calculated.

Permanent Benefit Amounts

If an injured worker reaches maximum medical improvement and is still unable to work or do the same work they once did, permanent partial or total disability benefits will likely be awarded. 

There are several methods of calculating permanent partial disability (PPD) benefits: 

Nearly all employers in the state of Illinois are required to carry workers’ compensation insurance to help offset some of the costs of workers being injured. Workers’ compensation provides various benefits to employees when they are injured, including both temporary and permanent benefits for total- and partial-loss injuries. Benefits typically cover medical expenses related to the injury or death benefits if the injury resulted in the worker’s death. The amount of compensation an injured worker receives greatly depends on what the worker was earning at the time of the accident and the outcome of the injury. In this two-part series, we will help you understand how worker’s compensation is determined for injured workers.

Amount of Temporary Benefits

Being injured and unable to work can be an extremely frustrating position to be in. For many families, if a worker is injured, that could have a financial effect on the entire family. One of the first questions you likely have after being injured at work is, “How much will I receive in benefits?” The answer to that question depends on a variety of factors, like the nature of the injury, how severe it is, the effect the injury has on your ability to work and how much you are able to earn, and how much you earned before the accident.

Medical benefits - The Illinois Workers’ Compensation Handbook states that most medical services are subject to a fee schedule. This means that the employer pays either the actual cost of the medical provider’s charge, or the amount that has been determined on the fee schedule, whichever is less.