Atticus offers free, high-quality workers' compensation advice to those injured at work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and help thousands of Americans get the benefits they deserve each year.
If you can’t work because of a work injury or illness, workers’ compensation helps you recover lost wages and pays your medical bills. Payments are generally worth up to two-thirds of regular wages, though there are limits. Keep reading to find out how much you should expect or check out our complete guide to workers’ comp in Illinois if you have more questions.
For injuries in 2024 Illinois workers’ comp pays two-thirds of your pre-injury average weekly wages, up to $1,897.92. You’ll become eligible for payments three working days after your illness or injury keeps you from returning to work.
There is also a minimum payment of $711.72 per week, which you’ll earn if your annual income was $55,514.16 or less.
If you are still able to do some work, your workers' compensation checks will be decreased by however much you’re earning each week (Learn more about working while on workers’ comp.)
Date of accident | Max payment for partial and total disability |
---|---|
July 15, 2022, to January 14, 2023 | $1,792.73 |
January 15, 2023, to July 14, 2023 | $1,848.20 |
July 15, 2023, to January 14, 2024 | $1,861.18 |
January 15, 2024, to July 14, 2024 | $1,897.92 |
Learn more about how long benefits last in Illinois.
To determine your workers’ comp benefit check, Illinois calculates the average weekly wages (AWW) you earned in the year (52 weeks) before your work injury. You can calculate your AWW by dividing your gross (pre-tax) pay by 52. Then multiply that number by two-thirds to determine your check amount.
The formula looks like this:
Weekly workers’ comp check = gross annual wages ÷ 52 x ⅔
Using that formula, let’s say your gross annual income the year before your injury was $86,528. Divide that by 52 weeks to get an average weekly wage of $1,664. Then multiply that by two-thirds and your weekly check amount would be roughly $1,109.33.
While many workers understandably focus on lost wage payments, one of the biggest benefits from workers’ comp is that it pays for all medical bills related to your injury. That includes copays, prescription medication, specialist visits, physical therapy, and even surgery.
The main caveat is that you likely have to choose a primary workers’ comp doctor from your employer’s network and workers’ comp insurance needs to approve all care.
If you run into issues getting treatment approved or if you want to choose a different doctor, a local workers’ comp lawyer can help you fight for better and more independent medical care.
Maybe. Not all workers’ comp cases end with a settlement but it’s more common if your injury keeps you out of work for months or years. Cases involving unpredictable and expensive treatment are also more likely to settle since the insurance company would rather make a one-time, lump-sum payment now than worry about unexpected future medical expenses.
The likeliest time to get a settlement offer is as you’re approaching maximum medical improvement — when you’ve recovered as much as your workers’ comp doctor thinks you’re likely to — especially if you still can’t go back to your regular job. However, many variables impact whether the insurer offers to settle and how much they offer.
In all cases, we suggest hiring a workers’ comp lawyer to ensure you negotiate a fair payout. A local lawyer is trained in your city and state laws, so they’ll have a better idea of how much your case should be worth. Keep in mind that the insurer will have its own lawyers, so having your own representation is an effective way to level the playing field.
Learn more about when workers’ comp usually offers a settlement and average settlement amounts.
Illinois workers’ comp isn’t straightforward. The process moves slowly, gets highly technical, and it’s usually hard to get clear answers from claims adjusters and employers. The good news is you don’t have to navigate workers’ comp on your own.
Atticus can help you through the process, whether you need someone to answer your questions or you are struggling to appeal denied benefits. We can also connect you with one of our experienced Illinois attorneys, who all offer a free consultation and don’t change anything until after they get you results. If they can’t help you win benefits or get a settlement, you don’t owe them anything.
Have more questions? Take our workers’ comp intake quiz and our team will reach out to learn more about your situation and offer guidance. You can also call us at the number below.
How long ago did you get an injury or illness at work?
Victoria Muñoz
Lead Attorney
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