Determining proper wages is an essential issue in every worker’s compensation claim. It has been written by legal experts in this field that the Illinois Worker’s Compensation Act is a “wage driven system.” Why is this so? The short answer is that all benefits received under the act are derived from the Average Weekly Wage of the injured worker.
Wage driven workers’ compensation benefits in Illinois include:
- Temporary Total Disability (TTD) – weekly benefits paid for periods of disability from work which equal 2/3 of a worker’s average weekly wage.
- Permanent Partial Disability (PPD) – the rate used to calculate permanent injury to a body part and is 60 percent of a worker’s average weekly wage.
- Wage Loss Cases (Section 8D1) -when individuals are permanently impaired from returning to their pre-injury job.
Proper calculation of the Average Weekly Wage requires a look back to the 52 week period prior to the date of a worker’s injury. With this in mind, it is suggested that all working people retain at least one year of paystubs on a running basis so they can verify the wage rate from information provided by the employer.
The attorneys at GWC will evaluate all wage records to calculate the most favorable Average Weekly Wage to ensure maximum payments to our clients. We never take the insurance companies’ word on the proper average weekly wage. We verify our clients’ wages to maximize their results in every case.
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