The value of an Illinois Workers’ Compensation case has to do with a lot of different factors. Two big ones are when were you hurt and how much money you were earning at the time of your accident. That will determine your pay for missing work – Temporary Total Disability or TTD – as well as the rate used in calculating your settlement – Permanent Partial Disability or PPD.
The TTD minimum and maximum rates change every six months and have recently been updated for 2024. PPD is updated once a year.
TTD is based on the state average weekly wage which is currently $1,423.44. The maximum weekly payout is 1331/3% of that or in this case, $1,897.92. TTD is 2/3 of your average weekly wage, but there is a cut off point which for now is $2,846.88 or $148,000.00 a year. In other words, most people will earn below the maximum. But if you earn $150k a year or 300k a year and go off on work comp, you’ll receive the same max payment of $1,897.92 a week.
PPD is calculated as 60% of your average weekly wage and is part of the calculation in settling your case. It is currently above $1,000 for the first time at $1,024.87. That means that injuries are now worth more than they ever were before. Rates have gone up almost $200 in less than four years which means cases are worth almost 20% now than they used to be. That means if a friend got $50,000 for an injury from 2020, that same injury today would likely be worth closer to $60,000.
By way of comparison, when I first became a lawyer the maximum PPD rates were less than $400. Changes to minimum wage laws and great advocacy by unions have helped these numbers go up. But cases now are worth more than double what they were a short time ago. As a result, it’s not uncommon to see settlements in the six figures. In fact the minimum rates now are about the same as what the maximum rates used to be.
These larger numbers are also true when it comes to workers who are permanently disabled or experience an injury that results in a wage differential.
It’s more important than ever to make sure that you are being paid based on the correct TTD and PPD rates. It can be the difference of tens of thousands of dollars in the end. If you have any Illinois work comp questions and want a FREE consultation, call us any time at 312-346-5578.
Below is information straight from the Illinois Workers’ Compensation Commission website with more information about minimums and maximums.
Benefit Rates
Statewide Average Weekly Wage (SAWW)
Every six months, the Illinois Department of Employment Security publishes the statewide average weekly wage (SAWW). The SAWW sets the maximum and minimum weekly benefit levels for workers’ compensation. To calculate the SAWW, total wages are divided by the total number of employees in the past six months. Some employees worked every day, and some worked only a few days, but all are counted together. (Federal workers and self-employed workers are excluded.) According to Section 8(b)6, the IWCC is to post the rates by January 15 and July 15 of each year.
Although every attempt is made to calculate the workers’ compensation rates in an accurate and reliable manner, only the Illinois statute governs. Where there is a disagreement between the statute and the IWCC’s calculations, the statute is correct.
For older rates, click here.
SAWW Rates
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| Start Date | End Date | STATEWIDE AVERAGE WEEKLY WAGE (SAWW) |
|---|---|---|
| 01/15/2024 | 07/14/2024 | $1,423.44 |
| 07/15/2023 | 01/14/2024 | $1,395.92 |
| 01/15/2023 | 07/14/2023 | $1,386.15 |
| 07/15/2022 | 01/14/2023 | $1,344.55 |
| 01/15/2022 | 07/14/2022 | $1,301.12 |
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Disability
Death, Permanent Total Disability, or Permanent Partial Disability if amputation of a member or enucleation of an eye
Recipients of death and PTD benefits may be entitled to cost-of-living adjustments through the Rate Adjustment Fund. Death benefits are paid for 25 years or $500,000, whichever is greater.
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| Start Date | End Date | MAXIMUM | MINIMUM |
|---|---|---|---|
| 01/15/2024 | 07/14/2024 | $1,897.92 | $711.72 |
| 07/15/2023 | 01/14/2024 | $1,861.18 | $697.96 |
| 01/15/2023 | 07/14/2023 | $1,848.20 | $693.08 |
| 07/15/2022 | 01/14/2023 | $1,792.73 | $672.28 |
| 01/15/2022 | 07/14/2022 | $1,734.83 | $650.56 |
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TEMPORARY TOTAL DISABILITY
MAXIMUM
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| Start Date | End Date | Maximum |
|---|---|---|
| 01/15/2024 | 07/14/2024 | $1,897.92 |
| 07/15/2023 | 01/14/2024 | $1,861.18 |
| 01/15/2023 | 07/14/2023 | $1,848.20 |
| 07/15/2022 | 01/14/2023 | $1,792.73 |
| 01/15/2022 | 07/14/2022 | $1,734.83 |
| 07/15/2021 | 01/14/2022 | $1,693.76 |
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MINIMUM
The minimum is the employee’s average weekly wage or the rate below, whichever is lower. Number of children and/or spouse:
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| Number of children and/or spouse: | Start Date | End Date | Minimum |
|---|---|---|---|
| 0 | 01/15/2024 | 07/14/2024 | $373.33 |
| 0 | 07/15/2023 | 01/14/2024 | $346.67 |
| 0 | 01/15/2023 | 07/14/2023 | $346.67 |
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| Number of children and/or spouse: | Start Date | End Date | Minimum |
|---|---|---|---|
| 1 | 01/15/2024 | 07/14/2024 | $429.33 |
| 1 | 07/15/2023 | 01/14/2024 | $403.88 |
| 1 | 01/15/2023 | 07/14/2023 | $403.88 |
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| Number of children and/or spouse: | Start Date | End Date | Minimum |
|---|---|---|---|
| 2 | 01/15/2024 | 07/14/2024 | $485.33 |
| 2 | 07/15/2023 | 01/14/2024 | $456.04 |
| 2 | 01/15/2023 | 07/14/2023 | $456.04 |
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| Number of children and/or spouse: | Start Date | End Date | Minimum |
|---|---|---|---|
| 3 | 01/15/2024 | 07/14/2024 | $541.33 |
| 3 | 07/15/2023 | 01/14/2024 | $508.04 |
| 3 | 01/15/2023 | 07/14/2023 | $508.04 |
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| Number of children and/or spouse: | Start Date | End Date | Minimum |
|---|---|---|---|
| 4+ | 01/15/2024 | 07/14/2024 | $560.00 |
| 4+ | 07/15/2023 | 01/14/2024 | $520.00 |
| 4+ | 01/15/2023 | 07/14/2023 | $520.00 |
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New TTD minimums take effect with increases in the minimum wage each July 1, but appear in the July 15 rate. The Illinois minimum wage increased to $14.00/hour on January 1, 2024.
PERMANENT PARTIAL DISABILITY IF NOT AMPUTATION OF A MEMBER OR ENUCLEATION OF AN EYE
*The change in PPD disability maximum amount is derived by comparing the current FY SAWW rate with the prior FY SAWW rate. PPD rates are updated annually on or about January 15
Effective 2/1/06, the maximum 8(d)1 (wage differential) award is equal to the SAWW, and the minimums are the same as the TTD minimums.
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| Start Date | End Date | Maximum |
|---|---|---|
| 07/01/2023 | 06/30/2024 | $1,024.87 |
| 07/01/2022 | 06/30/2023 | $998.02 |
| 07/01/2021 | 06/30/2022 | $937.11 |
| 07/01/2020 | 06/30/2021 | $871.73 |
| 07/01/2019 | 06/30/2020 | $836.69 |
