Illinois Workers' Compensation: Fast Facts

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Coverage Requirements Under Illinois State Law

All businesses with at least one part-time or full-time employee must carry Illinois workers' compensation insurance.

Work-Related Injury or Illness Reporting Requirements

Notify your supervisor right away when you have a work-related illness or injury, preferably in writing. You must report it within 45 days or lose your right to Illinois workers' compensation benefits.

Where to Seek Medical Care

You can choose any doctor listed in your employer's Preferred Provider Program (PPP) to treat your injury or illness. If your employer has no PPP, then you can see any doctor you prefer.

Waiting Period for Lost-Wage Benefits in Illinois

Your first 3 days off work are always unpaid unless you're out for at least 2 weeks after your accident. On day 15, you'll qualify for retroactive workers' comp benefits covering those first 3 days you took off. If you don't need at least 4 days off work to recover, then you'll only qualify for medical benefits.

Illinois Workers' Compensation Statute of Limitations

You have three years from your job injury or illness diagnosis date to file your Illinois workers' compensation claim.

Illinois Weekly Compensation Rate

You can receive 66 2/3% of the average weekly wage in TTD benefits paid biweekly until you return to work. For TPD benefits, you'll get 66 2/3% of the difference between your AWW and the gross amount you earn while on light-duty work. These amounts are subject to the state's current maximum and minimum benefit limits approved for each calendar year.

How Long You Can Receive Illinois Workers' Comp Benefits

  • Medical benefits: unlimited
  • Death benefits: $8,000 for funeral and burial expenses, plus monthly survivor's benefit payments until the surviving spouse remarries or dies
  • Temporary Total Disability (TTD): duration of disability or until you go back to work
  • Permanent Partial Disability (PPD): 13-323 weeks, depending on affected body part; up to 162 weeks of PPD benefits for a serious, permanent disfiguring injury
  • Temporary Partial Disability (TPD): duration of disability or until you return to work
  • Permanent Total Disability (PTD): unlimited

Illinois Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Illinois workers' comp coverage:

  • Business partners
  • Corporate officers
  • Federal employees
  • Independent contractors that don't work in construction, trucking, or other “extra hazardous occupations” (state lawcovers these specific contractors)
  • Limited liability company (LLC) members
  • Sole proprietors
  • Unpaid volunteers

Illinois Workers' Compensation Attorney Fees

All Illinois workers' compensation attorneys work on contingency. This means you only pay your lawyer if you win a settlement. State law says your Illinois workers' compensation attorney cannot charge more than 20% of your final award in legal fees.