How Is the Amount of Workers’ Compensation Benefits Determined in Bloomington, IL?

What Factors Impact Your Workers' Compensation Benefits in Bloomington, IL?

The factors that affect the amount of workers' compensation benefits include:

Severity of Your Injury or Illness

Severe workplace injuries have higher benefits. A fair settlement should consider expenses already incurred, lost income, and compensation for non-economic damages. The more severe the injuries, the higher the medical bills, lost wages, and long-term effects. Proper documentation of injuries is crucial for settlement negotiations. Medical records and professional statements establish the extent of your injuries, pain, and suffering, improving your chances of maximum compensation.

Average Weekly Wage and Earning Capacity

Workers' compensation generally does not cover all the lost income you experience after getting injured or becoming ill due to work. However, they usually cover about two-thirds of your average wages. If you cannot work after an injury, you should receive a weekly or biweekly check for lost wages. Your compensation depends on several factors, including your average wages and the corresponding rate from workers' compensation.

The higher your average weekly wage before the accident, and the larger the impact on your earning capacity, the higher your settlement will be.

Duration of Your Disability and Impact on Future Employment

The amount of wage replacement benefits you receive depends on the length of time your injuries or illness affects your regular work schedule and duties. If your injury limits your ability to earn the same income as before, or prevents you from returning to your previous job, it can impact your settlement amount. Injuries that allow you to work at a lower wage increase the value of your claim, while injuries that prevent you from working altogether have a much higher value. Therefore, the longer your recovery period from your injury and the greater the effect on your future earning capacity, the higher your workers’ comp benefits.

Calculation of Workers' Compensation Benefits

Determining the gross average weekly wage is crucial to the workers’ compensation settlement process. It serves as the foundation for your workers’ comp settlement. The Illinois Workers’ Compensation Act provides guidelines to calculate an injured worker's average weekly wage.

What Is the Wage Replacement Formula?

To calculate the average weekly wage, follow these steps:

• Consider the actual earnings during the 52 weeks before the injury. Divide that number by 52 to get the average weekly wage.
• If the employee didn't work for five or more days (consecutively or spread throughout a period) during those 52 weeks, deduct that and divide the actual earnings by the remaining total.
• If the employee started working during the 52 weeks before the injury, divide the actual earnings by the number of weeks that the employee was earning wages.

The employee may have worked for such a short time before the injury that the above methods are impractical. In such cases, the calculation is based on how much another individual would be paid if employed in the same position and the same hours for a full 52 weeks by the same employer.

After calculating the average weekly wage, further calculations may be necessary to determine workers' comp benefits, depending on the type of disability suffered. A lawyer can help you answer the question, “Is workers' comp taxable?” which plays a role in your net benefits.

Permanent Partial Disability

If an employee loses a limb but can still work and earn wages, he or she may be eligible for Permanent Partial Disability (PPD) benefits. He or she likely won't be able to perform the same type of work as before the injury or hold the same position. In such cases, the benefits aim to compensate the injured worker for reduced earning capacity.

The workers' compensation body part values in Illinois are listed in an amputation compensation chart. This chart specifies a number of weeks an employee can receive compensation, calculated as a percentage of his or her wages.

The compensation amount varies depending on the percentage of use lost in that limb, which an examining doctor determines.

For example, employees can claim a percentage of their wages for 52 weeks using the amputation compensation chart for the loss of an index finger's use. If an employee lost 30% use of their index finger, and their weekly wages were $500, their compensation for partial loss of the finger would be calculated as follows:

Weekly wages × the number of weeks assigned for the limb × percentage loss of use of the finger.

= $500 × 43 × 30%

= $6,450

Permanent Total Disability

Permanent Total Disability (PTD) is automatically granted in Illinois if an employee loses both hands, feet, arms, or legs. If the employee is incapable of performing any work for which he or she has a reasonable chance of employment, the employee is awarded two-thirds of wages payable for the rest of his or her life. Your attorney can help you determine if a workers’ comp lump sum settlement is right for you.

Temporary Total Disability

If you have been injured or fallen ill and cannot work for a period, you may be eligible for Temporary Total Disability (TTD) benefits. In Illinois, you can receive temporary total disability benefits if you are unable to work for three consecutive days.

These benefits provide two-thirds of your lost wages until you recover and are able to return to work.

Temporary Partial Disability

If you're injured and unable to work temporarily, but not completely disabled, you may qualify for Temporary Partial Disability (TPD) benefits. These benefits usually cover 66.6% of the difference between your current earnings and your earnings before the injury while you recover.

How a Workers' Compensation Attorney Can Help You Calculate Your Benefits

Calculating your benefits requires familiarity with your circumstances. Your attorney may consider unique factors when calculating your workers’ compensation claim, including:

• The type of injury or illness you suffered
• The severity of your injury or illness
• The length of time that you have been unable to work
• An estimated recovery time frame for your injury or illness.
• Whether your injury or illness is considered a partial or total disability
• Whether your injury or illness is considered permanent or temporary

Your lawyer will consider your medical expenses, future medical costs, and lost wages. He or she can use this information to determine your workers' compensation benefits based on the specifics of your case.

If you are concerned about how much it costs to hire a workers’ comp attorney, typically, they work on a contingency fee basis.

Common Challenges and Pitfalls to Avoid While Filing Your Claim

You should be aware of some common errors people make when filing a workers’ comp claim. A workers’ compensation lawyer will assist you to avoid these pitfalls.

Not Reporting Promptly

In Illinois, you have 45 days from the date of the incident to notify your employer in writing of a work-related injury. Failure to do so may disqualify you from receiving worker's compensation benefits. Delaying the reporting process can cause the insurance company to question the severity of your injury or doubt that you were injured at all.

To ensure you comply with the workers' compensation regulations and avoid any disputes regarding your claim, it is crucial that you report your injury promptly and complete all the necessary paperwork.

Inconsistent or Inaccurate Documentation

It is important to document any injury that happened while at work, along with the events that led to it. Inconsistencies in your statement or medical records could raise doubts about your version of the incident and result in your claim getting rejected. To avoid such a scenario, it is advisable to write down everything you can recall about the accident, including what happened before and after the injury.

You should also collect evidence of all medical treatments, such as bills, prescriptions, test reports, and scans. By maintaining detailed records, you can minimize the chances of making mistakes in your claim and increase the likelihood of receiving your benefits.

Not Seeking Immediate Medical Attention

You should seek medical attention promptly after an injury, as delaying it may worsen your condition. Seeking immediate attention also helps establish a link between your injury and the workplace incident. If you don't seek medical attention in time, there might not be enough evidence to prove that your injury was caused by the workplace incident, or the claim may be denied on the grounds that you were responsible for making the injury worse by not seeking medical attention.

To learn how the amount of workers’ compensation benefits is determined in Illinois, call the Bloomington workplace accident lawyers at Strong Law Offices.