The Illinois Workers’ Compensation Commission has updated the minimum and maximum benefits rates. The Commission provides these updates twice a year. These benefits rates are the upper and lower limits on the amount a person can receive on a weekly basis if he/she is not able to earn their regular wages because of a work injury.
For example, if you are injured and not able to work while you recover, you can receive Temporary Total Disability (TTD) payments. Another way of qualifying for TTD is if your doctor has given you restrictions on the work you can do post-injury, and your employer doesn’t have work for you that fits within those restrictions. TTD payments are equal to 2/3 of your average weekly wage. If you normally earn $900.00 a week, you would receive $600.00 a week according to Illinois workers’ compensation law. The precise amount varies from person to person, unless the minimum or maximum rate applies.
For injuries occurring on or after January 15, 2018, the maximum TTD rate is $1,463.80. The maximum rate serves as a cap on the amount you can receive. If 2/3 of your average weekly wage is above that amount, you won’t get the full 2/3. So someone who makes $250,000.00 a year and is off on work comp would only get $1,463.80 at most.
The State of Illinois also sets a minimum rate so injured workers are guaranteed a certain amount. The current minimum is $220.00. If you have a spouse and/or children, the minimum rate increases for each dependent, and can reach up to the $330.00 maximum rate.
Here is a list of the updated rates as of January 15, 2018:
Temporary Total Disability (TTD)
Maximum = $1,463.80
Minimum = $220.00 (up to $330 if spouse and children)
Permanent Partial Disability (PPD)
Maximum = $790.64
Minimum = $220.00
State Average Weekly Wage = $1,097.85
Permanent Total Disability (PTD)
Maximum = $1,463.80
Minimum = $548.93
The minimum and maximum rates are set, but your individual rate may fall in between those two limits. It is important to make sure your average weekly wage is calculated correctly and that you are getting all the benefits you are entitled to under Illinois law. You may not want to take your employer’s word for it, or the insurance company’s word for it. If you would like to verify that your wages and benefits are accurate, talk to an experienced attorney who knows wage calculations and is familiar with the ways in which insurance companies tend to underpay injured workers, please do not hesitate to contact us for a free consultation.