What Workers’ Comp Pays in Illinois (and What It Doesn’t)
Workers’ comp won’t pay for pain and suffering. But it can pay your medical bills, part of your paycheck and money for a permanent injury. Every one of those depends on what your doctor writes down. That is why your first call should be to a doctor.
- Medical care paid on an accepted claim, with no copays
- About two-thirds of your pay while you are off work, generally tax-free
- Extra money if the injury is permanent
- Your doctor’s records are the proof behind every benefit
See a doctor first
Orthopedic doctors who treat work injuries every day. Usually seen the same day or the next. Takes 30 seconds.
Short answer: Illinois workers’ comp pays your medical bills, about two-thirds of your wages while you cannot work, and money for permanent injuries. It does not pay for pain and suffering, and it does not pay your full salary. Pain and suffering may only come from a separate claim against someone other than your employer.
What workers’ comp pays
| Benefit | What it is | What it depends on |
|---|---|---|
| Medical care | All reasonable and necessary treatment for the injury: doctors, specialists, surgery, therapy, prescriptions and braces. No copays or deductibles on an accepted claim. | Your doctor’s treatment plan |
| Weekly pay while off work (TTD) | About two-thirds of your regular weekly pay, within state limits, while a doctor has you off work. Generally tax-free. Estimate yours. | Your doctor taking you off work, or writing restrictions your employer cannot meet |
| Light-duty top-up (TPD) | If you go back to lighter work for less pay while you heal: generally two-thirds of the difference. | Your doctor’s work restrictions |
| Permanent injury money (PPD) | If the injury leaves lasting damage, such as a weaker hand or a bad knee: 60% of your weekly pay for a number of weeks set by the body part and how badly it is affected. Often paid as a lump-sum settlement. | Medical evidence of the permanent damage |
| Disfigurement | Money for serious, permanent scarring on visible parts of the body. | Medical records of the injury and treatment |
| Retraining and maintenance | Help and weekly payments if you cannot go back to your old job. | Your permanent restrictions |
| Permanent total disability and death benefits | For the most serious cases: lifetime weekly payments, or benefits for the family. | Medical findings |
Look at the last column. Every benefit depends on medical evidence.
What workers’ comp does not pay
- Pain and suffering. Not part of Illinois workers’ comp.
- Punitive damages. There is no extra payment to punish an employer.
- Your full salary. Weekly benefits are about two-thirds of your regular pay, within state limits.
- A lawsuit against your employer. In most cases, workers’ comp replaces the right to sue your employer. In return, you do not have to prove anyone was at fault.
The exception: when someone else caused it
If someone other than your employer caused the injury, you may have a separate claim against them, and that claim can include pain and suffering. Common examples:
- A subcontractor’s crew on a job site
- A defective machine, tool or ladder
- A driver who hit you while you were driving for work
These cases are handled by a lawyer, and they rely on the same thing as workers’ comp: medical records that show what happened and how badly you were hurt.
Every dollar starts with a doctor’s note
This is the part most people do not hear until it is too late:
- Weekly pay starts when a doctor takes you off work or writes restrictions your employer cannot meet.
- Permanent injury money is decided using medical evidence, including a doctor’s impairment rating, along with your job, age and future earning ability.
- Settlements are built on your treatment records: what was found, what was done and what you can still do.
No doctor, no records. And a gap of weeks between the injury and the first visit can raise questions later about whether the injury really happened at work.
Get the records started today. Illinois Orthopedic Network is a network of orthopedic doctors, surgeons, therapists and pain specialists who treat work injuries every day. You choose your doctor in Illinois, and you do not need a referral.
Don’t do it backwards
Backwards
- Call a lawyer from an ad
- Wait to be told where to get treated
- Pain gets worse, records start late
- Gaps the insurer can question
The right way
- See a doctor who treats work injuries
- Treatment and records from day one
- Report the injury to your employer
- Lawyer if you need one, with records in place
When a lawyer makes sense
This is not about avoiding lawyers. Many injured workers need one, especially when:
- The claim is denied, or benefits stop
- The injury is permanent and a settlement is being discussed
- Someone other than your employer caused the injury
In Illinois, workers’ comp attorney fees are limited by law, generally to 20% of the benefits recovered. Settlements must be approved by the Illinois Workers’ Compensation Commission. The point is the order: doctor first, then the lawyer, with your medical records already in place.
This website does not give legal advice or refer people to lawyers.
Common questions
Does workers’ comp pay for pain and suffering in Illinois?
No. Illinois workers’ compensation does not pay for pain and suffering. It pays medical bills, part of your lost wages and money for permanent injuries. Pain and suffering may be available only in a separate lawsuit against someone other than your employer who caused the injury.
Can I sue my employer for a work injury in Illinois?
Generally no. Workers’ compensation is usually the only way to recover from your employer, which is why you do not have to prove the employer was at fault. You may be able to sue a third party, such as a negligent contractor, an equipment maker or a driver who hit you while you were working.
How is a workers’ comp settlement worked out?
For permanent injuries, the amount depends on the body part, how badly it is affected and your weekly wage. The Commission looks at medical evidence, including an impairment rating, plus your job, age and future earning ability. Settlements must be approved by the Illinois Workers’ Compensation Commission.
Does workers’ comp pay my full salary?
No. While you are off work, it usually pays about two-thirds of your regular weekly pay, within state limits. Because workers’ comp benefits are generally not taxed, the difference in take-home pay is often smaller than it sounds.
Should I see a doctor or a lawyer first?
A doctor first. Every workers’ comp benefit depends on medical records: what happened, what is wrong and what you can and cannot do. Getting treated first protects your health and starts those records from day one. A lawyer can come after, if you need one.
Hurt at work? See a doctor first. Then the lawyer. Illinois Orthopedic Network, 712 N Dearborn St, Chicago. Usually seen the same day or the next.
Sources
- Illinois Workers’ Compensation Commission, Handbook on Workers’ Compensation
- Illinois Workers’ Compensation Act, 820 ILCS 305 (including Sections 5, 8, 8.1b and 16a)
- IRS Publication 525, Taxable and Nontaxable Income
General information only, not legal, medical or tax advice. No outcome is guaranteed. Last reviewed October 28, 2026.