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There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Self-insurance by private carrier, individual employer, or groups of employers
Exemptions from WC: A numerical exemption of two or less employees is applicable to “carriage by land, water, or aerial service and loading or unloading in connection therewith . . .” Agricultural workers employed by an individual employer for less than 400 aggregate man-days in any quarter during the preceding calendar year.
Medical benefits provided: Full
Physician selection: Employee makes initial selection of physician.
Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability.
Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for life.
Benefits for permanent partial disability (PPD): 60 percent of average weekly earnings for up to 500 weeks if worker is able to pursue usual work duties or the duration of disability if worker is unable to pursue usual work duties.
Scheduled awards: Paid in addition to and upon termination of temporary total disability benefits. Awards are not reduced because of receipt of TTD benefits.
Disfigurement benefits: Serious and permanent disfigurements to hand, head, face, neck, arm, leg, below knee or chest above axillary line is compensated at 60 percent of employee’s average weekly wage except if benefits are otherwise payable for permanent disability.
Death benefits for surviving spouse and children: 66 2/3 percent of average weekly earnings for widow/widowerhood; children until 18, or for not less than 6 years if orphan child is under age 18. Children receive benefits beyond age 18 if physically or mentally disabled. Two-year lump sum payable upon remarriage in cases where there are no children. Children may receive benefits until age 25 if full-time students. Total maximum payable in any case is $250,000 or 20 years of compensation, whichever is greater.
Maximum burial allowance: $4,200
Waiting period: 3 days for temporary total disability only. Compensation is retroactive if disability continues for 14 days from date of injury.
Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employers are responsible for VR costs and PR and VR maintenance expenses. Employees must accept PR or their compensation may be reduced or suspended. During VR employees receive TTD benefits plus incidental maintenance expenses.
Attorney fees: 20 percent, statute, determined by agency
Occupational hearing loss statutes: Employee has 3 years to file for compensation. Benefits for one ear are $27,524, both are $110,094. Hearing loss is determined by medical evaluation with a deduction for pre-existing loss.
Forms – www2.illinois.gov/sites/iwcc/resources/Pages/forms.aspx
What’s new – www2.illinois.gov/sites/iwcc/news/Pages/news.aspx
Contact
Illinois Workers Compensation Commission
Regulations
Illinois Workers Compensation Commission Rules
www2.illinois.gov/sites/iwcc/about/Pages/rules.aspx
820 ILCS 305/ Workers' Compensation Act
820 ILCS 310/ Workers' Occupational Diseases Act
Contacts
None.
Regulations
None.