Wage Differentials: Chicago Workers' Compensation
Serious Cases Require Serious Representation
A wage differential injury is a serious case that requires serious representation. You need confidence that your attorney has both the knowledge and experience in handling a case of this magnitude. Leonard Law Group has represented hundreds of wage differential clients for the past twenty years before the Illinois Workers' Compensation Commission. Our wage differential settlements and trial awards are second to none in the city of Chicago. We pride ourselves in representing wage differential clients and obtaining maximum compensation.
Please contact Leonard Law Group so we may discuss your wage differential case. If you have already secured legal representation, you may be eligible for a free second opinion case evaluation.
Wage Differential Award Law in Illinois
If your on-the-job injury is serious enough and your doctor’s restrictions prevent you from returning to your pre-injury employment, you may be entitled to a wage differential settlement or trial award under Section 8(d)(1) of the Illinois Workers' Compensation Act.
Section 8(d)(1) of the Illinois workers' compensation Act provides:
"If, after the accidental injury has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing his usual and customary line of employment, he shall, except in cases compensated under the specific schedule set forth in paragraph (e) of this Section, receive compensation for the duration of his disability, subject to the limitations as to maximum amounts fixed in paragraph (b) of this Section, equal to 66-2/3% of the difference between the average amount which he would be able to earn in the full performance of his duties in the occupation in which he was engaged at the time of the accident and the average amount which he is earning or is able to earn in some suitable employment or business after the accident. For accidental injuries that occur on or after September 1, 2011, an award for wage differential under this subsection shall be effective only until the employee reaches the age of 67 or 5 years from the date the award."
This award is payable at 2/3 of the difference between what you would be earning while working in your full duties at your former employer as of the date of settlement or trial and what suitable employment either the insurance company has found for you or you have found on your own as of the date of settlement or trial. If the injury occurred after 9/1/11 the wage differential calculation is capped at the age of 67 years or 5 years after the wage differential award becomes final, whichever is later. This new amendment will reduce the value of wage differential claims and may result in a higher settlement or trial award if Section 8(e) or 8(d)(2) is utilized.
Do I Qualify for a Wage Differential Award?
In order to qualify for a wage differential award pursuant to section 8(d)(1) of the act, a claimant must prove a few things.
A claimant to a wage differential award must prove the following:
- Partial Incapacity: This prevents pursuit of his usual and customary line of employment.
- Impairment of Earnings: If your wage differential injury is after 2/1/2006, the maximum amount of your 2/3 difference may be 100% of the Illinois statewide average weekly wage.
Our skilled and experienced team of Chicago workers’ compensation attorneys can walk you through your legal options and help you determine whether or not you are eligible to claim this award.
Contact a Chicago Workers’ Compensation Lawyer
Since 1995, Leonard Law Group has proudly represented the rights of workers who have been injured on the job. We have served more than 7,500 clients and obtained more than $500 million in trial awards and settlements. This level of success is only due to our hard work, and our genuine care for each client.
Learn more about your legal options by calling us at (312) 487-2513 today! Spanish services available.