Ridge & Downes - Law Firm

This FAQ section is provided as a general guideline to the rights and responsibilities of an employee who has been injured on the job. It does not, and cannot, contain all of the benefits and obligations pertaining to each specific case. Furthermore, it does not set forth the statute of limitations, nor the time limitations, of what you must do for proceeding with a workers ’ compensation claim. Each workers’ compensation case is unique and the law is frequently modified by the legislature and the courts.

This FAQ section is not intended as a replacement for the advice of an experienced attorney. In fact, if you have suffered an injury that is work related, you should consult an attorney knowledgeable on the law in your State for proper advice regarding the same.

What does the Act provide for when an employee dies in a workplace accident?

In Illinois, the surviving spouse and/or minor children of the deceased worker are entitled to weekly benefits. If the worker does not leave a surviving spouse or minor children, benefits may be paid to certain other family members that were at least 50% dependent on the deceased worker’s income for support. The weekly benefit is two-thirds of the deceased employee’s gross average weekly wage during the 52 weeks before the injury, subject to certain minimums and maximums. The minimum weekly benefit for injuries occurring after July 15, 2011 is $473.03. The weekly benefit is paid for 25 years, or up to $500,000.00, whichever is more. The Illinois Workers’ Compensation Act also provides for a benefit of $8,000.00 to the survivor or the person paying for the burial expenses.

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