The Difference Between Workers’ Compensation And Disability Benefits

If you are injured and unable to perform your job, you could be entitled to several types of financial support, including workers’ comp and disability. What is the difference between the two? Keep reading to learn more. If you have questions about your benefits when you are injured, our Lake County workers’ compensation attorney at The Law Offices of Robert T. Edens, P.C., can assist you.

Workers’ Comp vs. Disability Benefits

Most employers in Illinois are required to offer workers’ comp insurance, including Six Flags Great America and the Volo Museum in Lake County, Illinois. Workers’ comp allows you to receive partial benefits when you are hurt on the job. While you will not receive your full salary, you can usually qualify for workers’ comp even if you were at fault. However, you cannot sue your employer for damages.

On the other hand, Illinois disability benefits offer weekly benefits if you are hurt when you are not at work but cannot do your regular job. The significant difference with workers’ comp is you are covered for illnesses and injuries for which your company would be liable. An example is carpal tunnel syndrome for people who work in an office. Disability benefits are not paid for by your company but can still provide some lost income.

You could be eligible for state disability and workers’ comp, depending on if your disability payments are higher than workers’ comp. If your company disputes if you should get workers’ comp, Illinois may provide you with disability payments until the matter is resolved. At that point, the state of Illinois would want its money back from your company or its insurance provider.

Worker’s comp offers temporary benefits until your injury or illness is possibly considered permanent. At that time, you may be eligible for permanent disability payments. However, benefits for state disability are only paid for up to one year from the date of injury.

Can You Get Workers’ Comp And Disability Simultaneously?

Technically, you may receive workers’ comp in addition to Social Security disability and private disability. However, your SSDI benefits payment will be reduced if you take workers’ comp. If you receive workers’ comp, the usual rule followed by the Social Security Administration is your combined benefits cannot be more than 80% of your average current wages before you were hurt.

What About Receiving Workers’ Comp And Unemployment Simultaneously?

This does not usually happen. For example, you are probably not eligible for unemployment benefits while getting temporary disability via workers’ comp in Illinois. But if your physician reports that you cannot return to work, you could get unemployment if your company states it does not have suitable work available.

Talk To Our Lake County Workers’ Compensation Attorney Now

If you have been injured at work and cannot pay your bills, you probably wonder if you qualify for workers’ compensation or disability benefits. To understand your rights, it is vital to speak to a Lake County workers’ compensation attorney at The Law Offices of Robert T. Edens, P.C Please contact us at (847) 395-2200 today. Our attorneys also serve the communities of Palatine, Chicago, Waukegan, Libertyville, and Woodstock.

May 12, 2022February 7, 2023

What Are the Four Types of Workers’ Compensation Benefits?

Workers’ compensation ensures employees who are injured on the job are taken care of and don’t have to pay out of pocket for their medical bills. If you were harmed during work, you are owed four types of workers’ compensation benefits depending on your state post-accident. These can include salary benefits, vocational rehab, and medical coverage.

Top 4 Types of Workers’ Compensation Benefits

Some of the workers’ compensation benefits you may be entitled to include the following:

1. Temporary Total Disability

If your doctor says you have to practice certain restrictions at work or gives restrictions that your employer cannot ignore, you are eligible for temporary total disability (TTD) benefits. The payments are two-thirds of the gross average weekly salary you earn over the last 52 weeks before the day of your injury.

2. Temporary Partial Disability

Say you can return to work after your workplace accident, but your injuries force you to work in a lower capacity. In this case, you may have your hours reduced, take on achievable or less-demanding roles or even earn a lower salary. In this case, you are eligible for temporary partial disability (TPD) benefits.

These benefits are two-thirds of the difference between your original and existing (post-accident) average weekly income. The amount cannot exceed $450/week, and it is usually paid for 350 weeks starting from the day you were injured.

3. Permanent Partial Disability Benefits

If you get a permanent disability because of a workplace accident but do not get the above benefits, you may be eligible for permanent partial disability (PPD) benefits. Employers in Illinois have to pay these benefits to workers who suffered from physical impairment, amputation, or disfigurement caused by a workplace accident.

It is usually paid to workers who have reached maximum medical improvement. These benefits are calculated as per the degree of disfigurements such as burns, cuts, abrasions, skin grafts, loss of skin, etc. You and your employer have to establish the number of weeks for benefits, and if you cannot agree, an IWCC arbitrator can. The maximum number of weeks you can get is 162. The established duration is multiplied by 60% of your weekly wages to determine the total amount.

4. Death Benefits

If a worker dies because of a workplace accident or from injuries/illnesses sustained from workplace practices, their dependents may qualify for death benefits. These are income replacement benefits that include funeral and burial expenses.

Important note – A workers’ compensation lawyer in Waukegan will tell you that pain and suffering damages are usually one to three times the cost of your medical bills and lost wages.

Contact Robert Edens for a Consultation Regarding Workers’ Compensation Benefits

Getting appropriate workers’ compensation can be a challenge. The process is quite complicated, and your claim can be denied for several reasons unless you hire an experienced workers’ compensation lawyer in Waukegan from The Law Offices of Robert T. Edens. We have been fighting for the rights of employees like you in Illinois for decades and know what it takes to ensure you get the compensation you deserve. Get in touch with us for a consultation today!

February 10, 2022February 7, 2023

What Are the Most Common Workplace Injuries in Illinois?

While some environments are conducive to accidents (such as construction sites and warehouses), even an office can be risky for employees. The Illinois workers’ comp program is designed to aid injured workers with monetary assistance if they fall ill or are injured because of their jobs.

Common Workplace Injuries in Illinois

Some of the most common workplace injuries in Illinois that workers can get compensation for include the following:

Slip and Fall Injuries

Common slip and fall injuries in outdoor and indoor workspaces include dislocated bones, concussions, traumatic brain injuries, sprains, and fractures.

Repetitive Stress Injuries

Repetitive stress injuries are common in assembly lines where workers have to repeat the same motions for hours. One of the main ones is called carpal tunnel syndrome, but similar injuries can also cause long-term complications.

Car Accidents

Workers who operate vehicles as part of their job duties (such as delivery and bus drivers) can also be compensated for injuries they sustain from a traffic accident. This is particularly common in crowded areas in the state.

Lacerations

Lacerations can take time to heal and often result in long-term conditions that can force you to take time off work. These are common in the restaurant, construction, and manufacturing industries. Depending on the location of the injury, you may be out of commission for a while as you heal.

What You Should Do When You Get Injured At Work

If you get injured during your work duties, the worst thing you can do is continue working. After getting medical treatment, the first thing you should do is notify your supervisor. This should be done within three days of the incident and ensure the acting physician knows the injury is work-related. Retain all of the documents you get related to your medical bills as evidence, and so you can be compensated for them later.

Also, make sure that your employer submits a report to the Illinois Worker’s Compensation Commission. It should contain your personal data, information about the accident, what you were doing during that time, and how it occurred. If your employer refuses to cooperate, drags his feet, or denies compensation, get in touch with a workers’ comp lawyer in Antioch straight away. In this case, you have the right to sue them.

Contact Robert Edens When You’ve Been Injured On The Job

Every year, thousands of people are denied worker’s compensation by greedy and uncooperative employers. If you are one of those victims, you need a dedicated workers’ comp lawyer in Antioch on your side who can fight for your rights. This is where the Law Office of Robert T. Edens can prove invaluable.

We have more than two decades worth of experience in fighting for the rights of injured workers and have recovered millions of dollars in compensation as part of our efforts. Get in touch with us for a free consultation today.

The longer you wait to take action, the worse it will be for you. Robert Edens can ensure you get the compensation you deserve for the pain and suffering you are going through.

February 3, 2022February 7, 2023

Is There A Limit To How Much Workers’ Compensation I Receive?

As an employee in Illinois, you can get compensated for any injuries you sustain at work via workers’ compensation. However, there are limits to how much you receive, and the amount depends on several factors.

Limits of Liability

Commercial liability insurance policies have ‘limits of liability or a cap on the amount claimants can get. However, worker’s compensation is structured differently. It is the main reason why most employers purchase policies that do not offer the coverage they thought they did.

Workers’ Compensation Part A

Part A workers’ compensation covers employees under state laws and offers medical aid, death, rehab, and disability benefits for workers killed or seriously injured on the job. The insurance premiums are based on the employee’s wages and the nature of their work duties. The benefits are awarded on a no-fault basis, and the payments are made on predetermined schedules for definitive injuries.

Workers’ Compensation Part B

Part B workers’ compensation also offers the coverage mentioned above, but it only does if their condition results from their employer’s negligence. This is why it is also called employer’s liability coverage.

So we can say that while Part A fulfills state requirements, Part B covers additional damages beyond the former. These payments are based on injury type and limits. For example, if an employee is injured because of a workplace accident, they can get $100,000 max. If they are injured because of a disease caused by their work, they can get up to $500,000. The latter is often broken down into $100,000 per employee per injury.

Part B is rarely used, but it can benefit an employer’s company in some cases, especially if they are sued by survivors or family members of a deceased employee. They can also avail of Part B if they owe more in damages than Part A can cover. All companies in Illinois have to carry Part A workers’ compensation coverage and ensure all claims are paid on time without taking liabilities into account.

Workers’ compensation protects both employers and employees. It protects the latter by ensuring they do not go in the red if an injured employee or family sues them for damages.

How Long Can Employees Receive Workers’ Compensation?

The answer can differ from one state to the other. It can be anywhere from three to seven years. However, there is usually a limit on the length of permanent disability benefits. Most states terminate weekly ones when a claimant turns 65 years old.

In Illinois, wage differential benefits stop after five years or when you turn 67, whichever comes first. The state also has a comprehensive schedule that sets the maximum number of weeks you can get benefits per the body part you injured. If a body part is injured and not on the schedule, you can get a non-scheduled award that will amount to 60% of your average weekly wages. However, the total amount will depend on the severity of your injury.

Contact Robert Edens for Workers’ Compensation Claim Disputes Today

Thousands of people in Illinois and the nation are denied the workers’ compensation that they deserve. If your employer is doing the same to you, Cook County workers’ compensation lawyer Robert Edens can help. Contact the Law Office of Robert T. Edens for a free consultation with him.

January 12, 2022February 7, 2023

What Is My Recourse If My Workers’ Comp Claim Is Denied?

In Illinois and other states, workers’ comp insurance covers workplace injuries. If you were injured and your claim was denied, there may be several reasons behind it. You may feel as if you are out of options, but there are steps you can take to reopen your case.

What You Should Do If Your Workers’ Comp Is Denied

If your workers’ compensation request is denied, the first thing you should do is to file an Application for Adjustment of Claim through the Illinois Workers’ Compensation Commission (IWCC). Your employer should file this form, but you can do so as well.

Once that is done, you can request a hearing with them to appeal the rejection. You will get an arbitrator and a case number for your hearing appeal. Workers’ comp lawyers in Waukegan have to file these claims within three years of a worker’s comp rejection.

If you need to get an answer from them fast, you can ask for an emergency hearing via a Petition for Immediate Hearing. However, you can only use this option if your employer owes you more than 12 weeks of disability payments and if you were unable to return to work.

Top Reasons Workers’ Comp Claim Denial

Just because your claim was denied doesn’t mean your employer has it in for you. There are several reasons why you are in that situation. Some of the common reasons for workers’ comp denial include the following:

Your injury did not occur in your workplace. Employers usually deny claims for damages that happen outside the workplace, or if they are not the result of work their employee did for them.
You failed to report the injury on time. You have 45 days to report your injuries to your employer to get the ball rolling for worker’s compensation claims.
Your employer thinks your injury was your fault. If drugs and alcohol consumption led to your injuries, chances are your claim may be denied. If that isn’t the case, you should hire experienced worker’s comp lawyers in Waukegan to sue for compensation.
You have a pre-existing condition that may be confused with an injury. Even these conditions are covered under worker’s compensation if your work duties aggravate your condition. If your employer tries to deny it, you have a solid case on your hands and can hold them liable.

Contact Robert Edens for Legal Representation

If your workers’ comp claim was denied for none of the reasons mentioned above, you should file a lawsuit with help from the Law Offices of Robert T. Edens. We have been fighting for the rights of employees like you across Illinois and have more than two decades’ worth of successful cases to show for it. We have recovered millions of dollars for our clientele.

We can ensure you can get the compensation you deserve. The longer you wait, the higher the chances of claim rejection. We will put all of the resources to work to make your claim strong, and we are not opposed to aggressive tactics if it means you are compensated. Get in touch with us for a consultation today!

January 5, 2022February 7, 2023

How Long Can I Receive Workers’ Compensation in Illinois?

An occupational injury can severely affect your health, career, finances, and emotional wellbeing. While workers’ compensation can compensate you for some of those damages, you are back on square one if they are denied. At that point, you should hire Antioch workers’ compensation lawyers to get the compensation you deserve.

The benefits you get will depend on your specific situation. This includes your medical state and your earnings pre injuries.

Temporary Total Disability Benefits

In Illinois, your workers’ compensation claim allows you to get medical treatment for work-based injuries for a specific period. While you are recovering at home, you can also collect temporary total disability benefits or TTD. These are usually two-thirds of your average weekly salary and can last from a few weeks to years.

TTD benefits are paid till you:

Return to work without any medical restrictions.
Released back to work with medical conditions.
You reach the Maximum Medical Improvement (MMI) status. Your doctor will deem you eligible for this status if your medical condition stabilizes to the point that you can work without compromising your health and wellness.

Your TTD can be terminated if your boss gives you a light job that isn’t physically demanding. This can happen whether you return to work or not. You can still be entitled to benefits if your employer cannot accommodate your work restrictions. If your benefits are denied, consult with Antioch workers’ compensation lawyers as soon as possible.

When TTD is Terminated

Once your TTD benefits are terminated, you can still get other workers’ compensation benefits such as the following:

Maintenance awards that cannot be less than your TTD benefits. These should also include expenses and the costs you need for vocational training (if you need to switch professions because of your physical limitations).
Wage differential benefits to offset the reduced salary you get in your new position because of your condition.
Permanent partial disability benefits (PPD) are paid to injured workers as compensation for a permanent work injury as per the body part injured. It is often a lump sum. On the other hand, if your claim has to go to trial first, you may get weekly benefits only. You cannot get weekly and wage differential benefits together either.

Many workers in Illinois and across the nation are told they are ineligible for worker’s compensation for one reason or another. However, not all of them are true. Hardworking employees often get coerced into opting out of those benefits or settling for reduced benefits because of irresponsible and greedy employers and insurance companies.

Contact Robert Edens to Get the Compensation You Deserve

People who file claims months after their injuries never knew they had the right to do so immediately. By the time they file their claim, it is too late. If you think your employer has denied your benefits illegally, get in touch with the Law Offices of Robert T. Edens today. Our Antioch workers’ compensation lawyers have years of experience helping hard workers like you get the benefits they deserve.

November 3, 2021February 7, 2023

Illinois Worker’s Comp: What Are My Rights?

According to Illinois law, all employers have to provide their employees with worker’s compensation insurance. It is a system of benefits that comes into effect from the moment a worker is hired. It covers medical costs of job-based injuries and diseases that may otherwise result in significant medical bills employees may not be able to pay.

Injuries That Are Covered and Not Covered by Worker’s Compensation

Your workers’ comp lawyer in Antioch will tell you that worker’s compensation will cover your bills for the following job-related injuries:

Stroke that resulted from a job.
Injuries caused by repetitive usage of certain body parts for a job-related task.
Heart attack caused by work.
Pre-existing conditions that worsened because of work.

The insurance does not cover certain types of injuries. These include injuries sustained in recreational activities such as baseball during company picnics and accidents during drug or alcohol rehab programs.

What Happens When You File a Worker’s Compensation Claim

When you file a worker’s compensation claim, your injury is classified as either a temporary total disability (TTD) or a temporary partial disability (TPD), or a permanent disability (PD). The benefits you qualify for will depend on the category your injuries belong in.

Temporary Total Disability (TTD) vs. Temporary Partial Disability (TPD)?

If your work-related injury temporarily or completely incapacitates you, your injury will be classified as a temporary total disability (TTD). While your injuries may prevent you from performing your work duties, you will be expected to make a full recovery and return to work.

A temporary partial injury (TPD) injury is seen as an on-the-job injury that affects your work abilities but does not prevent you from working completely. TTD worker compensation benefits are meant to cover the wages you may lose as you heal and recover in hospital or at home.

Permanent Disability (PD) vs. Partial Permanent Disability (PPD)

A permanent disability (PD) is classified as an injury that hinders your ability to do your job. However, if your injury is a partial permanent disability (PPD), you can still work with limited capacity.

The payments you are entitled to will be based on the severity of the injuries mentioned above. This means that each worker’s compensation case is as unique as the injuries that the benefits cover. An experienced worker’s comp lawyer in Antioch can help you understand your claim and ensure you get the benefits you are entitled to.

Employer Responsibilities for Worker’s Compensation

As per the law, all employers in Illinois have to ensure their employees are aware of these rights and benefits. They also have to put up a notice about the worker’s compensation insurance in an accessible area where their workers can go through it.

The list should include the following:

The name of the insurance provider.
Policy number.
Contact information.

All workplace accidents that make a worker miss more than three days of work should be reported, and incidents that cause work-related deaths should be reported within two days at most. The Illinois Worker’s Compensation Commission (IWCC) will not file a claim till the employer reports the accident.

Get The Compensation You Deserve By Hiring An Illinois Worker’s Comp Lawyer Today

If your employer refuses to compensate you for a workplace injury claim, there is no time to waste. Get in touch with an experienced worker’s comp lawyer in Antioch at The Law Offices of Robert T. Edens, P.C. for a free consultation. We can ensure you get the maximum compensation you deserve, if not more. We also have offices in Chicago, Waukegan, Libertyville, and Woodstock, IL.

September 14, 2021February 7, 2023

What Can be Done if I’m Not Getting Paid My Workers’ Comp?

If you are not getting paid in full or at all for the hours you put in, you can sue your employer with the help of a skilled Waukegan workers’ compensation lawyer. Your rights as an employee are protected under the Wage Payment and Collection Act.

What is the Wage Payment and Collection Act?

The Wage Payment and Collection Act governs timely wage payments to employees in Illinois and the deductions employers can make from paychecks. Here are a few facts you should know about the Act:

Private employers are covered, but state and federal employers are exempt from the Act.
Individuals and independent contractors who fulfill the legal definition of independent contractors cannot make any claims under the Act. If an employer classifies an employee as an independent contractor, that does not exempt him/her from the Act. An inquiry can determine whether the employee is an independent contractor or not.
The Act only covers work that is done in Illinois. For instance, an employee who lives in the state but travels across the U.S. for work is typically not covered. A Waukegan workers’ compensation lawyer can help you determine if you are covered and the wages you can recover.

What You Can Do If Your Wages Are Withheld

Here are some things you can do if you think your wages have been withheld unfairly by your employer:

Speak With Your Employer First

Ask your employer about owed wages first. Perhaps HR made an error on your paycheck or overlooked you by mistake. If your employer deliberately holds back the money he/she owes you as retaliation against you, you have the right to sue. Make sure you note down everything you discuss with them. A Waukegan workers’ compensation lawyer can use it as proof if you file a complaint.

Contact the Illinois Department of Labor

If you think your wages are being held back illegally, file a complaint with the Illinois Department of Labor (IDOL). Just make sure you file it a year from when you last worked with the employer or a year from when the wages are owed. The good news is that the process is free. At this point, you don’t need a Waukegan workers’ compensation lawyer.

To file a claim with IDOL, fill out the online form. You will have to create an Illinois Public ID first. It will help you use official state websites for critical information regarding your case.

When you file your complaint, make sure you include any evidence showing you are owed wages. This includes copies of time cards and paychecks that show that you have not been paid or were paid less than what you were owed as per your hourly salary.

Don’t worry if you don’t have those documents. Since it is your employer’s responsibility to maintain pay and time records, you can get them from HR. Plus, also make sure to update IDOL post complaint if you move or change your phone number.

Keep in mind that there is a time limit when it comes to filing complaints with IDOL. The Department can only investigate the three years before the date that you file your complaint. It will impact the amount you recover. For example, if you file your complaint after ten years of getting little to no wages from your employer, you can only recover wages from the last three years and onwards.

Contact Robert T. Edens for a Consultation

If your employer refuses to cooperate, hiring a Waukegan workers’ compensation lawyer can help you get the compensation you deserve. Whether you live in Chicago, Waukegan, Libertyville, Woodstock, or Antioch, contact the Law Offices of Robert T. Edens for a consultation today. Robert has been fighting for workers’ rights for over two decades and can ensure you can recover your lost wages.

January 8, 2019February 8, 2023

WC, PI or Both?

When an individual begins to seek compensation for their injury and losses they often wonder whether to file a worker’s comp claim, PI claim, or both. A typical injury case gives rise to a personal injury case, however, when the same incident takes place at work, an individual must pursue a worker’s compensation case to obtain damages. This presents a question: should an individual seek a personal injury case, worker’s compensation, or both? Let’s check it out.

WC, PI, or Both?

Choosing between workers’ compensation and a personal injury claim is not extremely difficult, but does require some considerations. If an individual sustains an on-the-job injury and there is no third party involved in the accident, they may simply pursue a workers’ compensation case. The personal injury claim comes into play when there is a third party involved in the accident that caused an injury to the individual.

The real challenge comes when deciding whether an individual should pursue both of these options to obtain compensation for their loss and suffering. Facts and circumstances pertaining to every case are different, thus obtaining the services of a competent Lake County personal injury lawyer can be helpful in determining the legal routes that are available in your case.

In Illinois, employers are required by law to provide worker’s compensation to their employees. Your employer is obligated by the law to file a worker’s compensation claim for your incident, but that does not mean that you cannot pursue a personal injury claim, provided that a third party was involved in the accident. This type of personal injury claim is also known as a third party liability claim as the involvement of a third party is imperative to initiate a claim. For instance, if you have sustained an injury due to defective equipment at work, the manufacturer of that faulty equipment would be constituted as the third party.

There are a few key differences that you must consider when exploring your options. While the workers’ compensation is filed against the employer’s workers’ compensation insurance company, the personal injury claim is filed against the insurance company of the third party whose negligence caused you the injury. In a workers’ compensation claim, you may receive benefits regardless of fault unlike a third-party injury claim, where your Antioch personal injury lawyer needs to prove the negligence of the defendant to pursue rightful compensation.

Furthermore, in a workers’ compensation claim, you may only be able to obtain statutory damages including lost wages and medical expenses. However, in a personal injury claim, a competent personal injury lawyer may help you to obtain damages for pain and suffering, and emotional distress that you had to suffer due to negligence of the third party.

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

(Content updated 12/2/2021)