From ongoing medical expenses to a reduction in income due to having to accept a lower paying, less-demanding position, there are many ways a work-related injury can affect your life. If you are in the process of filing a claim or already receiving benefits, it can be helpful to know how long you may get workers’ comp benefits for in Illinois. The answer will depend on your specific situation and circumstances, but there are some guidelines that can give you a better idea of what to expect.
Temporary Disability Benefits
If you fully recover and can return to your pre-injury job and perform your expected duties, workers compensation specific to loss of income would stop at this point. However, temporary partial disability benefits would continue to be paid if you are only able to work part-time. However, you will not be eligible for benefits if your employer offers a salary continuation. This means you are still being paid at your normal salary as you recover.
Permanent Total Disability Benefits
If you are permanently disabled and not expected to return to any type of meaningful or gainful employment, workers’ comp benefits would continue for life. This usually applies to severe injuries such as the loss of both legs or arms or severe brain damage.
Permanent Partial Disability Payment Limitations Can Vary
Benefit duration for this type of workers’ comp will depend on what type of permanent partial disability payments you are receiving. In Illinois, there are four options:
- Scheduled Losses: These benefits apply to injuries affecting specific parts of the body, like eyes or feet. The number of weeks you’ll receive benefits will be based on the state’s schedule for the specific body part affected and the degree of loss of usage.
- Unscheduled Losses: This applies to affected body parts not on the state’s schedule. These benefits are paid for a portion of 500 weeks as per your disability rating.
- Disfigurement Benefits: Benefits of this nature can continue for up to 162 weeks in Illinois. You’ll receive 60% of your average weekly salary based on the severity of the disfigurement.
- Wage Differential Benefit: This type of award is for a permanent impairment that has resulted in a loss of earnings. These benefits are paid in Illinois for five years, or until you reach the age of 67, whichever comes first.
What a Workers’ Comp Attorney in McHenry County Can Do
An experienced workers compensation attorney can determine if you may be eligible for additional benefits, some of which could include payments specific to vocational rehabilitation. Another role of a workers’ comp lawyer is to help you understand the limitations of workers’ comp benefits and take advantage of available options based on what’s appropriate for you.