970 McHenry Avenue, Crystal Lake, IL 60014
Search
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn

Scheduled Injury Determines Workers' Compensation by Body Part

Posted on in Workers' Compensation

Scheduled Injury Determines Workers' Compensation by Body PartHow much compensation should you receive for a permanent injury to your hand, as opposed to your foot? Illinois’ Workers’ Compensation Act has an answer to this in the event that you suffer a workplace injury that causes Permanent Partial Disability to a body part. A scheduled injury is one method of compensating Illinois workers who have either lost or lost the use of a body part. The worker receives payments that are 60 percent of his or her average weekly wage, and the number of weeks that he or she receives the payments depends upon which part of the body was disabled and the severity of the disability. There are several categories and subcategories of body parts covered, each with a specific number of weeks assigned to it:

  1. Hand: The loss of use of your whole hand is worth 205 weeks. The digits each have their own value, including 76 weeks for the thumb, 43 weeks for the index finger, 38 weeks for the middle finger, 27 weeks for the ring finger, and 22 weeks for the pinky finger.
  2. Arm: Losing the use of an arm is worth 253 weeks, but the number of weeks increases if the arm must be amputated. You receive 270 weeks if the arm is amputated above the elbow and 323 weeks if the arm is amputated at the shoulder joint.
  3. Foot: The loss of use of a foot is worth 167 weeks. The loss of use of the big toe is 38 weeks, and the loss of use of any other toe is 13 weeks.
  4. Leg: As with the arm, the number of weeks increases if the leg is amputated instead of just disabled. Loss of use of a leg is 215 weeks, amputation above the knee is 242 weeks, and amputation at the hip joint is 296 weeks.
  5. Sight and Hearing: The loss of sight in one eye is worth 162 weeks, while the loss of an eye is 173 weeks. The loss of hearing in one ear is worth 54 weeks if it was caused by an accident and 100 weeks if it was due to an occupational disease. The loss of hearing in both ears is worth 215 weeks.
  6. Other Organs: An accident requiring the removal of a kidney, spleen or lung is worth 10 weeks for each organ. The loss of one testicle is worth 54 weeks, and the loss of both testicles is worth 162 weeks.

Other Factors

A court may decrease the number of weeks awarded in a scheduled injury based on the percentage of the body part that has been lost or disabled. Disfigurements to parts of the body that are normally visible can be worth as many as 162 weeks, depending on the severity. Amendments to the law have given Illinois courts other variables to consider when awarding workers’ compensation based on a scheduled injury, such as:

  • The occupation of the worker;
  • The age of the worker; and
  • The worker’s future earning capacity.

Your Best Option

Many courts are moving away from scheduled injury compensation in favor of wage differential compensation. A McHenry County workers’ compensation attorney at Botto Gilbert Lancaster, PC, can help you receive the maximum compensation for your work-related disability. To schedule a free consultation, call 815-338-3838.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082003050K8

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top