TT benefits pay 66 2/3 percent of the individual’s average weekly wage. The benefits will pay for the duration of the disability or until the worker has returned to work.

The TP benefit is 66 2/3 percent of the difference between the average amount a worker would be able to earn in the pre-injury job(s) and the net amount they earn in the light-duty job.

PT pays 66 2/3 percent of the individual’s average weekly wage, subject to minimum and maximum levels. In the State of Illinois, an injured individual may receive lifetime PT benefits.

There are four types of PP benefits. The maximum and minimum payment amounts vary for each type. See Illinois Workers' Compensation Commission for a complete list of rates.

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  Wage Differential

  Wage Differential PP benefits are paid if the individual returns to employment, but at a lower wage than the pre-injury employment. The payment amount is 66 2/3 percent of the reduction in earnings when comparing the new job with the job held prior to injury.

  NOTE: 

  The receipt of Wage Differential PP WC is an indication that the individual has returned to work and it may be necessary to establish a Work Continuing Disability Review (CDR) to evaluate the work activity.

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  Schedule of Injuries

  The “schedule of injuries” refers to a list that assigns a compensable value for each body part.

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  Non-Scheduled Injuries

  If the condition is not listed on the schedule of injuries, but it imposes certain limitations, the employee may be entitled to a percentage of 500 weeks of benefits, based on the loss of the person as a whole. The individual is paid 60 percent of their average weekly wage for the number of weeks determined.

  NOTE: 

  This language is not adequate to determine lump sum proration. See DI 52120.080A.

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  Disfigurement

  An individual who suffers a serious and permanent disfigurement is entitled to a maximum of 162 weeks of benefits at the PPD rate.

To qualify for Vocational Rehabilitation and Maintenance Benefits, the individual must participate in a rehabilitation program and be unable to return to the pre-injury job. The employer is required to pay for treatment, instruction, and training necessary for the physical, mental, and vocational rehabilitation of the employee. This includes all maintenance costs (money for living expenses) and incidental expenses. The maintenance benefit payment cannot be less than the employee’s calculated TT benefit rate.

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  Person as a Whole Awards

  Illinois LS awards may refer to loss of a specific percentage of loss of earnings capacity as loss of use of the person as a whole. Loss of the whole person is limited to 500 weeks of benefits. This language alone cannot be used to determine the amount at which to prorate a lump sum. The order of preference in DI 52150.060D.3. must be applied.

  EXAMPLE:

  An individual is awarded periodic payments of $135.82 per week prior to a lump sum settlement.

  The lump sum settlement papers indicate that the $20,000.00 LS represents a 32.5 percent loss of use of the person as a whole. There is no weekly proration rate given in the award.

  SSA has determined that, rather than multiplying the 500 week limit times 32.5 percent and prorating the lump sum over 162.5 weeks at the resulting $123.08 per week, we must consider the award as not stating any proration amount and use the prior periodic rate.

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  Future Medical Expenses

  There is no provision of the Illinois law specifically addressing the issue of future medical expenses. Conversely, there is nothing in the law which prohibits designating part of a lump sum settlement as being for future medical benefits. Under Illinois WC law, an arbitrator (the individual approving any final settlement) has the option of designating a portion of the LS for future medical expenses. If the settlement specifically identifies money to be used for future medical expenses, then the amount specified should be considered an excludable expense. Standard policies apply when determining if the amounts appear to be excessive. See Excludable Expenses: DI 52150.050B.2.