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.
Negotiating a fair workers’ comp settlement requires you to know what payment benefits you’re entitled to and what medical treatment you could need in the future. There’s no single chart you can use to find your exact settlement, so you need to negotiate a fair amount based on state law and estimates.
The charts in this guide will show the benefit rates that influence your Illinois workers’ comp settlement so you know what to expect. However, your final settlement will vary and we recommend talking to a workers’ comp lawyer for help negotiating.
Get more help in our full guide to Illinois workers’ compensation.
A workers’ compensation settlement is a lump-sum payment that covers your lost work income and all medical care costs related to your work injury or illness. Think of it as the benefits you should receive — past, current, and future — packaged into a single payment.
Ideally, your settlement is enough to cover:
Lost wages that you haven’t been paid for yet.
Future lost wages while you can’t work.
Medical bills that haven’t been paid yet.
Out-of-pocket medical expenses you’ve paid.
Expected future medicare costs related to your injury.
Retraining fees if you can’t return to your previous job.
The cost of hiring a workers’ comp lawyer to manage your case.
Miscellaneous expenses related to your work injury.
Not all workers’ compensation cases result in a settlement, but many injuries that require significant missed work or treatment do end with a lump-sum payout.
The insurance company is more likely to offer to settle if it thinks you’ll need medical care or payments for an extended period. In particular, offers tend to come around the time you reach maximum medical improvement. Also known as MMI, that’s the point when your workers’ comp doctor believes you’ve recovered as much as possible even if you haven’t returned to your full pre-injury condition or can’t return to your regular job.
Settling isn’t always the best option for you, but it can also increase your financial flexibility and give you more freedom to choose your own doctors instead of letting workers’ comp choose for you.
For more on when you could get a settlement and why you may or may not want one, read our guide to settlements.
Calculating your workers’ comp settlement requires estimating the money you’d receive based on current workers’ comp payment rates. You’ll also need to add the cost of medical care, which can be difficult to estimate since it varies by location and according to your exact injury.
There are two main types of benefits in Illinois: temporary disability benefits and permanent disability benefits. Temporary benefits are what you initially get after your injury and they’re based on a calculation of two-thirds (66 ⅔%) of your average weekly wage (AWW) from the year before your injury.
If you’re still able to do some work while you get benefits, your payments will be lowered based on your work income. That will also affect how much you can get through a settlement because insurance will argue that you can still do enough work to remove some payments. (Read more about what work is allowed on workers’ comp.)
If you qualify for long-term payments, you’ll receive permanent benefits, which are also based on two-thirds of your pay but have additional rules according to the affected body part and the severity of your injury.
It’s possible to create a very rough estimate yourself but another challenge is convincing the workers’ comp insurance company to offer you more than their initial offer. The insurer will be trying to pay you as little as possible so it can maximize its profits, and it will have a lawyer (or a whole team of them) to help it pay you less.
We recommend hiring a workers’ comp lawyer because they understand the laws, cases, and circumstances that can help you negotiate the fairest settlement possible.
Read more about average settlements by body part to better understand what others across the country are getting.
In Illinois, people who can’t work temporarily because of a work-related injury or illness get temporary disability payments to cover some of their lost wages.
If you got injured or sick in 2024, temporary total disability pays two-thirds of your average weekly wage (AWW). These payments are subject to a maximum of $1,897.92 per week and a minimum of $373.33 per week if you have zero dependents.
Your exact payment will depend on the date of your injury and your income. Here are the maximum and minimum payments for temporary total benefits in Illinois based on these factors:
Date of injury | Your average weekly wage | Weekly payment |
---|---|---|
1/15/2024 - 7/14/2024 | $2,847.88 or more | $1,897.92 |
| $560 to $2,847.88 | Two-thirds of AWW |
| $560 or less | $373.33 |
7/15/2023 - 1/14/2024 | $2,791.77 or more | $1,861.18 |
| $520 to $2,791.77 | Two-thirds of AWW |
| $520 or less | $346.67 |
1/15/2023 - 7/14/2023 | $2,772.30 or more | $1,848.20 |
| $520 to $2,772.30 | Two-thirds of AWW |
| $520 or less | $346.67 |
7/15/2022 - 1/14/2023 | $2,689.12 or more | $1,792.73 |
| $480 to $2,689.12 | Two-thirds of AWW |
| $480 or less | $320 |
1/15/2022 - 7/14/2022 | $2,602.51 or more | $1,734.83 |
| $480 to $2,689.12 | Two-thirds of AWW |
| $480 or less | $320 |
7/15/2021 - 1/14/2022 | $2,540.89 or more | $1,693.76 |
| $440 to $2,540.89 | Two-thirds of AWW |
| $440 or less | $293.33 |
1/15/2021 - 7/14/2021 | $2,420.92 or more | $1,613.93 |
| $440 to $2,540.89 | Two-thirds of AWW |
| $440 or less | $293.33 |
Illinois has multiple minimum rates based on the number of dependents you have, including a spouse and children. As an example, if you are married with two children, you have three dependents.
In 2024, the minimum rates are:
$373.33 if you have zero dependents
$429.33 if you have one dependent
$485.33 if you have two dependents
$541.33 if you have three dependents
$560 if you have four or more dependents
Here are more minimums based on the date of your injury and number of dependents you have:
Date of injury | Dependents | Maximum weekly payment | Applicable weekly wage |
---|---|---|---|
1/15/2024 - 7/14/2024 | 0 | $373.33 | $560 or less |
| 1 | $429.33 | $644 or less |
| 2 | $485.33 | $728 or less |
| 3 | $541.33 | $812 or less |
| 4+ | $560 | $840 or less |
1/15/2023 - 1/14/2024 | 0 | $346.67 | $520 or less |
| 1 | $403.88 | $605.83 or less |
| 2 | $456.04 | $684.07 or less |
| 3 | $508.04 | $762.07 or less |
| 4+ | $520 | $780 or less |
1/15/2022 - 1/14/2023 | 0 | $320 | $480 or less |
| 1 | $368 | $552 or less |
| 2 | $416 | $624 or less |
| 3 | $464 | $696 or less |
| 4+ | $480 | $720 or less |
1/15/2021 - 1/14/2022 | 0 | $293.33 | $440 or less |
| 1 | $337.33 | $506 or less |
| 2 | $381.33 | $572 or less |
| 3 | $425.33 | $638 or less |
| 4+ | $440 | $660 or less |
You’ll get permanent disability payments if you reach maximum medical improvement (MMI) and can’t work at your original capacity or can’t work at all. How much you can work is based on the examination and disability rating from your workers’ comp doctor.
If you can do some work, you’re eligible for permanent partial disability benefits (PPD). If you can’t work at all anymore (and get a disability rating of 100%) then you’ll get permanent total disability benefits (PTD).
Illinois law also distinguishes between situations that involve the loss (or loss of use) of certain body parts.
Permanent total disability benefits and permanent partial disability benefits for workers who lose certain body parts in an injury pay two-thirds of your AWW. In the first half of 2024, you can get a maximum weekly payment of $1,897.92 and a minimum weekly payment of $711.72 under these programs.
This table covers the maximum and minimum rates for these benefits:
Date of injury | Average weekly earnings | Weekly payment |
---|---|---|
1/15/2024 - 7/14/2024 | $2,846.91 or more | $1,897.92 |
| $1,067.59 to $2,846.91 | Two-thirds of AWW |
| $1,067.59 or less | $711.72 |
7/15/2023 - 1/14/2024 | $2,791.80 or more | $1,861.18 |
| $1,046.95 to $2,791.80 | Two-thirds of AWW |
| $1,046.95 or less | $697.96 |
1/15/2023 - 7/14/2023 | $2,772.33 or more | $1,848.20 |
| $1,039.63 to $2,772.3 | Two-thirds of AWW |
| $1,039.63 or less | $693.08 |
7/15/2022 - 1/14/2023 | $2,689.12 or more | $1,792.73 |
| $1,008.43 to $2,689.12 | Two-thirds of AWW |
| $1,008.43 or less | $672.28 |
1/15/2022 - 7/14/2022 | $2,602.27 or more | $1,734.83 |
| $975.85 to $2,602.27 | Two-thirds of AWW |
| $975.85 or less | $650.56 |
7/15/2021 - 1/14/2022 | $2,540.89 or more | $1,693.76 |
| $952.75 to $2,540.89 | Two-thirds of AWW |
| $952.75 or less | $635.16 |
1/15/2021 - 7/14/2021 | $2,420.92 or more | $1,613.93 |
| $907.94 to $2,420.92 | Two-thirds of AWW |
| $907.94 or less | $605.23 |
If you lose functionality of a body part due to your condition but didn’t fully lose the applicable body part, you qualify for payments equal to 60% of your average weekly wage. In the first half of 2024, you can receive a maximum payment of $1,024.87 per week when you have zero dependents.
In the case you’re seriously disfigured, you’re entitled to 162 weeks of benefits. As a result, you’ll get your AWW multiplied by 162 multiplied by 60%.
This table includes the maximum payment rates for permanent partial disability that doesn’t involve the loss of a body part. Jump to the next section to find the applicable minimum for the date of your injury.
Date of injury | Your average weekly wage | Weekly payment |
---|---|---|
7/1/2023 - 6/30/2024 | $1,708.12 or more | $1,024.87 |
| Applicable minimum $1,708.12 | 60% of AWW |
7/1/2022 - 6/30/2023 | $1,663.37 or more | $998.02 |
| Applicable minimum to $1,663.37 | 60% of AWW |
7/1/2021 - 6/30/2022 | $1,561.85 or more | $937.11 |
| Applicable minimum to $1,561.85 | 60% of AWW |
7/1/2020 - 6/30/2021 | $1,452.88 or more | $871.73 |
| Applicable minimum to $1,452.88 | 60% of AWW |
Permanent partial disability not involving the loss of a body part has the same minimums as temporary disability and is also based on the number of dependents you have. In 2024, Illinois permanent partial disability pays the following minimums:
$373.33 if you have zero dependents
$429.33 if you have one dependent
$485.33 if you have two dependents
$541.33 if you have three dependents
$560 if you have four or more dependents
Here are the minimum payments based on the date of your injury and how many dependents you have.
Date of injury | Dependents | Minimum weekly payment | Applicable weekly wage |
---|---|---|---|
1/15/2024 - 7/14/2024 | 0 | $373.33 | $622.22 or less |
| 1 | $429.33 | $715.55 or less |
| 2 | $485.33 | $808.88 or less |
| 3 | $541.33 | $902.22 or less |
| 4+ | $560 | $933 or less |
1/15/2023 - 1/14/2024 | 0 | $346.67 | $577.78 or less |
| 1 | $403.88 | $673.13 or less |
| 2 | $456.04 | $760.07 or less |
| 3 | $508.04 | $846.73 or less |
| 4+ | $520 | $867 or less |
1/15/2022 - 1/14/2023 | 0 | $320 | $533 or less |
| 1 | $368 | $613 or less |
| 2 | $416 | $693 or less |
| 3 | $464 | $773 or less |
| 4+ | $480 | $800 or less |
1/15/2022 - 7/14/2022 | 0 | $320 | $533 or less |
| 1 | $368 | $613 or less |
| 2 | $416 | $693 or less |
| 3 | $464 | $773 or less |
| 4+ | $480 | $800 or less |
1/15/2021 - 1/14/2022 | 0 | $293.33 | $488.88 or less |
| 1 | $337.33 | $562.22 or less |
| 2 | $381.33 | $635.55 or less |
| 3 | $425.33 | $708.88 or less |
| 4+ | $440 | $733 or less |
The length of your workers’ comp payments could impact the baseline for your settlement because they help you calculate the total amount of money you’ll receive over time. These are the maximum periods you can be on each type of benefit:
Temporary disability: Until you reach maximum medical improvement
Permanent partial disability affecting a body part: Dependent on your injury
Permanent partial disability not affecting a body part: Up to 500 weeks
Permanent total disability: The rest of your life
The next section breaks down how to find the length of your permanent partial payments. You can also get a fuller breakdown in our article on how Illinois determines how long your benefits will last.
Permanent partial disability pays out for a set number of weeks based on the body part or function involved in your condition. You’ll get an evaluation from your workers’ comp doctor for the percentage of loss of function in the affected body part or function, and your payment length will be that percentage multiplied by the maximum number of weeks.
For example, if your doctor says you’ve lost 20% of function in your hand, you’d get 20% of the 205 weeks for a hand, which is 41 weeks.
Multiply the weekly payment you got from the permanent partial disability tables by the number of weeks you’d receive benefits to get an idea of the total money you’d get if you didn’t accept a settlement.
Here are the maximum payment lengths for each body part and function:
Body part/function affected | Length of permanent disability payments |
---|---|
Thumb | 76 weeks |
Index finger | 43 weeks |
Middle finger | 38 weeks |
Ring finger | 27 weeks |
Little finger | 22 weeks |
Great toe | 38 weeks |
Any other toe | 13 weeks |
Hand | 205 weeks |
Arm | 253 weeks |
Foot | 167 weeks |
Leg | 215 weeks |
Eye | 162 weeks |
Loss of hearing | 54 weeks for one ear, 215 weeks for total hearing loss |
Testicles | 54 for one, 162 for both |
Illinois workers’ comp covers travel expenses for medical appointments related to your condition. You can ask for reimbursement at these rates depending on the date of your trip:
Date of travel | Rate |
---|---|
1/1/2024 - 12/31/2024 | $0.67/mile |
1/1/2023 - 12/31/2023 | $0.655/mile |
If you’re the dependent (spouse or child) of a worker who passed due to a work-related injury, you can receive weekly payments equal to two-thirds of their salary subject to minimum and maximum rates.
These survivor benefits have a total cap of 25 years or $500,000. In 2024, you can get a maximum weekly payment of $1,897.92 and a minimum weekly payment of $711.72. You can also get $8,000 to cover burial expenses as part of your survivor benefits.
Here are the minimum and maximum rates for Illinois death and survivor benefits based on date of injury and income:
Date of injury | Average weekly earnings | Weekly payment |
---|---|---|
1/15/2024 - 7/14/2024 | $2,846.91 or more | $1,897.92 |
| $1,067.59 to $2,846.91 | Two-thirds of AWW |
| $1,067.59 or less | $711.72 |
7/15/2023 - 1/14/2024 | $2,791.80 or more | $1,861.18 |
| $1,046.95 to $2,791.80 | Two-thirds of AWW |
| $1,046.95 or less | $697.96 |
1/15/2023 - 7/14/2023 | $2,772.33 or more | $1,848.20 |
| $1,039.63 to $2,772.3 | Two-thirds of AWW |
| $1,039.63 or less | $693.08 |
7/15/2022 - 1/14/2023 | $2,689.12 or more | $1,792.73 |
| $1,008.43 to $2,689.12 | Two-thirds of AWW |
| $1,008.43 or less | $672.28 |
1/15/2022 - 7/14/2022 | $2,602.27 or more | $1,734.83 |
| $975.85 to $2,602.27 | Two-thirds of AWW |
| $975.85 or less | $650.56 |
7/15/2021 - 1/14/2022 | $2,540.89 or more | $1,693.76 |
| $952.75 to $2,540.89 | Two-thirds of AWW |
| $952.75 or less | $635.16 |
1/15/2021 - 7/14/2021 | $2,420.92 or more | $1,613.93 |
| $907.94 to $2,420.92 | Two-thirds of AWW |
| $907.94 or less | $605.23 |
It’s difficult to negotiate a settlement on your own and the last thing you want is to agree to a deal that sounds perfect, only to end up with out-of-pocket costs because your money runs out sooner than expected.
A workers’ comp lawyer makes the negotiation process much simpler for you and much fairer because they have experience with similar payouts. In fact, the average settlement with an Atticus workers’ comp lawyer is double what people get if they negotiate without a lawyer.
At Atticus, we connect workers like you with experienced local lawyers who can get them the settlement amount they deserve. You don’t have to pay a cent until you win your settlement, and your first consultation with one of our lawyers is free.
Take our worker’s comp intake quiz to share the basics of your situation, and we’ll get you in touch with you to learn more about what questions you have and how we can help.
How long ago did you get an injury or illness at work?
Victoria Muñoz
Lead Attorney
At the bottom of many websites, you'll find a small disclaimer: "We are not a law firm and are not qualified to give legal advice." If you see this, run the other way. These people can't help you: they're prohibited by law from giving meaningful advice, recommending specific lawyers, or even telling you whether you need a lawyer at all.
There’s no disclaimer here: Atticus is a law firm, and we are qualified to give legal advice. We can answer your most pressing questions, make clear recommendations, and search far and wide to find the right lawyer for you.
Two important things to note: If we give you legal advice, it will be through a lawyer on our staff communicating with you directly. (Don't make important decisions about your case based solely on this or any other website.) And if we take you on as a client, it will be through a document you sign. (No attorney-client relationship arises from using this site or calling us.)
Terms | Privacy | California Privacy | Disclaimer | This website is lawyer advertising.