FAQ: Workers' Comp Benefits

No. Workers’ Compensation payments are not subject to state and federal income tax. Do not report it on your tax returns as income.

Maybe. Under the Act, if you prove that a specific work activity or condition probably contributed to your heart attack, or that your heart condition was probably aggravated, or accelerated, by your job, you can recover benefits.

Even if you have pre-existing heart disease, you may still be eligible for workers’ compensation benefits if the medical evidence shows that your work was probably a factor in your heart attack. Important: there is an important difference in the law between “what is possible” and “what is probable” This often requires the assistance of medical experts.

“Job stress” heart attacks claims are rarely successful under current law.

Under the Act, your spouse and minor children would be entitled to a death benefit equal to two-thirds (2/3) of your average weekly wage up to a maximum which changes annually. These payments continue for a maximum of 25 years or $500,000.00, whichever is greater.

Benefits will be paid to your children until age 18 or to 25 if a full-time student. If your child is physically or mentally incapacitated, than they receive benefits for the duration of the incapacity. If you leave no eligible spouse or child, the benefits can be paid to totally dependent parents, or perhaps to other survivors.

There is also a burial expense benefit equal to $8,000.00.

If your injury ends your career but you can still work in another job, permanently reducing your earning capacity, you are entitled what is known as “Wage Loss”” or “Loss of Trade” compensation.

The amount of compensation you receive for permanent Wage Loss is equal to two-thirds of the difference between the average weekly wage you would be earning in your regular job and the amount you are actually able to earn after the accident, for life.

You may be eligible for Permanent Total Disability (“PTD”) if you can pass a three-part test:

• A permanent medical condition which causes you to be
• Medically incapable of returning to any type of work, which
• Resulted from a job-related disease or injury.

The amount of PTD compensation you get depends on your average weekly wage [”AWW”] at the time of your injury.

If the Workers Compensation Commission judges you to be permanently and totally disabled, then for the rest of your life you will receive two-thirds of your AWW, tax-free, subject to a maximum cap fixed by state law. The maximum weekly total permanent disability benefit changes annually, so contact us for current maximum rate information.

In addition, if you are eligible for PTD you have the right to free medical care for the specific injury or condition for life.

The law entitles you to compensation for permanent partial loss of use, or permanent partial impairment, of all your body parts. This benefit is called Permanent Partial Disability (PPD”).

Not all injuries and diseases result in permanent partial disability. In general, you are only eligible for PPD benefits after your condition will not improve any more.

The amount of PPD compensation you might get depends on three things:

• Your average weekly wage (How much you were earning before the injury?)
• The degree of permanent impairment or disability (How bad is the damage?)
• The part of your body affected (What is damaged?)

If your employer disputes the extent of your injuries, the Workers Compensation Commission evaluates the degree of physical impairment and the effect of the disability on your life at arbitration. Factors that may be considered include your age, skill, occupation, training, inability to engage in certain kinds of work or activities, pain, stiffness or limitation of motion.

You are entitled to Maintenance when you require no more medical treatment but can never return to your usual and customary occupation because of the injury.

You are entitled to the Maintenance benefit while you search for a new job or participate in a vocational rehabilitation program.

Weekly Maintenance rates are equal to your TTD rate, tax-free.

You are entitled to TPD compensation when you are temporarily unable to perform full duty because of an injury sustained on the job, but still to work light- or modified-duty.

Weekly TPD benefits EQUAL two-thirds of the difference between your regular full duty pay and your after-tax light duty pay, tax-free.

There is no time limit on the amount of time that you can collect TPD payments, provided a doctor excuses all your light duty.

You are entitled by law to TTD compensation while temporarily unable to perform any work because of an injury sustained on the job. Typically, a doctor must excuse you in writing for every day of work lost because of the work-related injury or disease.

Weekly TTD rates are equal to two-thirds of your average weekly wage during the 52 weeks preceding your accident, tax-free. The maximum amount of weekly TTD benefits changes annually. Contact your legal representative for current maximum rate information.

No TTD compensation is due for the first three working days lost, unless the lost time continues for 14 or more calendar days from the date of injury.

If your employer does not pay temporary total disability benefits within 14 days, and cannot justify the delay in payment, your employer may be required to pay a penalty.

If you are able to work light- or modified-duty, the law requires you to do so.

In Illinois, there are three basic kinds of temporary disability benefits

• Temporary Total Disability (TTD)
• Temporary Partial Disability (TPD)
• Maintenance Compensation