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Workers' Compensation Archives

Payment of statutory amputations

If you have suffered the misfortune of an industrial accident resulting in the amputation of an appendage, seek an attorney immediately. It is well established that the purpose of the Illinois Workers' Compensation Act (the Act) is to provide employees with a "prompt, sure remedy for their injuries and to require that the cost of industrial accidents be borne by the industry rather than its individual members." However, never is this truer than in the case of what is referred to as a "statutory amputation." This phrase is used because the Act treats amputations differently than it does other, less serious injuries. Amputations are typically irreversible, and therefore have distinct and separate rights that attach to them automatically. To be considered an amputation, the injury must affect more than just soft tissue. The injury must affect the bone as well.

Workers’ compensation causation standard: change would harm workers, P.2

Last time, we began looking at the current causation standard here in Illinois, noting that the standard is currently at one percent. Because employers must pay workers’ compensation benefits in full anytime they are at all responsible for the injury, the current law is favorable to employees. The proposal to change the causation standard to the percentage corresponding to an employer’s degree of responsibility would, therefore, be a step backward for employers.

Workers’ compensation causation standard: change would harm workers, P.1

As we like to point out on this blog, workers’ compensation is an important, even critical, financial resource for those who are injured or become ill as a result of their employment. This is particularly true given the fact that workers’ compensation is generally the only source of compensation available when a worker is injured on the job.

Why work with an attorney in seeking workers’ compensation benefits?

We’ve been taking an extending look at the way workers’ compensation benefits are calculated here in Illinois. We’ve looked briefly at how benefits are calculated for both temporary total and partial injuries, but also for permanent total and partial injuries.

Pursuing a case against injured worker benefit fund (IWBF)

The injured worker benefit fund IWBF was created in 2005. The purpose of this fund was to compensate injured employees who worked for uninsured employers. The injured worker benefit fund receives its funding from collecting penalties and fines from employers who did not carry workers' compensation insurance. The State Treasure is ex-officio custodian of the fund. Without IWBF, employees of uninsured employers are unable to collect benefits.

How are my workers’ compensation benefits going to be calculated? P.4

This is our fourth post in a series dealing with the calculation of workers’ compensation benefits. Last time, we began speaking about the various types of permanent partial disability benefits available to injured workers. We’ve already mentioned compensation utilizing an employee’s wage differential and the schedule of injuries under the Workers’ Compensation Act.

New Calculation For Average Weekly Wage

The Average Weekly Wage pursuant to Illinois Workers Compensation Act is to be calculated as the actual earnings of the employee in the employment in which he was working at the time of the injury during the period of 52 weeks preceding the date of injury divided by 52. 820 ILCS 305/10 (West 2010). Traditionally this formula has been construed as the amount of money made by the injured worker at the employer, divided by the weeks/days worked.

How are my workers’ compensation benefits going to be calculated? P.3

In our last couple posts, we’ve been looking at how workers’ compensation benefits are calculated. We’ve looked specifically at temporary partial and temporary total disability benefits. In this and our next post, we’ll look at permanent partial and permanent total disability benefits.

How are my workers’ compensation benefits going to be calculated? P.2

Last time, we began discussing the question of how workers’ compensation disability benefits are calculated. We’ve already spoken about temporary partial disability benefits. Here’ll we’ll look at how temporary total disability is calculated.

How are my workers’ compensation benefits going to be calculated? P.1

Workers’ compensation benefits are a critical support for injured workers, particularly those who suffer serious on-the-job injury qualifying for permanent disability benefits. Usually, when an injured worker files for workers’ compensation benefits, he or she does not know exactly what benefits he or she will qualify for, or the amount he or she can expect for payments.

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