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How the Illinois Workers’ Comp Settlement Chart Works

September 17, 2026

Construction worker at a Chicago job site, the kind of job where an Illinois workers' compensation settlement starts with a scheduled body part

Key Takeaways

  • The “settlement chart” is the schedule of injuries in 820 ILCS 305/8(e), which sets maximum benefit weeks per body part: 205 for a hand, 253 for an arm.
  • A permanent partial disability award is weeks on the schedule, multiplied by the percentage of loss, multiplied by your weekly rate.
  • That weekly rate is 60% of your average weekly wage, capped at $1,084.66 for the most recent year the Commission has posted, far below the $2,045.63 cap on temporary total disability.
  • Backs, necks, shoulders and hips are not on the schedule. They are measured against 500 weeks as a percentage of the person as a whole.
  • A shoulder is not an arm. The Appellate Court said so in Will County Forest Preserve District v. IWCC, 2012 IL App (3d) 110077WC.
  • The same injury is worth different amounts to different workers. Section 8.1b makes the Commission weigh five factors, including occupation and age, and says no single one controls.

The short answer

The Illinois workers’ compensation settlement chart is the schedule of injuries written into 820 ILCS 305/8(e), which gives each body part a maximum number of weeks of benefits. Your permanent partial disability figure comes from three numbers together: those weeks, the percentage of loss your case supports, and your own weekly rate.

The chart gives you only the first of those three numbers. The second, the percentage of loss, is decided case by case from your medical evidence. The third, your weekly rate, has a state maximum that a settlement chart will not show you. That is why two workers with the same injury can end up with very different amounts.

What is actually on the chart

Section 8(e) lists body parts and the weeks each is worth. These figures apply to accidents on or after February 1, 2006, which covers every current claim.

Body part Maximum weeks Statute
Person as a whole 500 Section 8(d)2
Arm 253 Section 8(e)10
Leg 215 Section 8(e)12
Hearing, both ears 215 Section 8(e)14
Hand 205 Section 8(e)9
Foot 167 Section 8(e)11
Eye 162 Section 8(e)13
Thumb 76 Section 8(e)1
Hearing, one ear 54 Section 8(e)14
Index finger 43 Section 8(e)2
Great toe 38 Section 8(e)6
Any other toe 13 Section 8(e)7

Bar chart of maximum Illinois workers' compensation benefit weeks by body part, from 500 weeks for the person as a whole down to 13 weeks for a toe

Maximum benefit weeks under 820 ILCS 305/8(e), for accidents on or after February 1, 2006. The person as a whole figure comes from Section 8(d)2.

Losing the tip of a thumb or finger counts as half of it, and losing four digits on the same hand counts as the whole hand. If you were paid for the same member before, Section 8(e)17 deducts that earlier award from this one.

Turning weeks into a dollar figure

Three numbers do the work.

1. The weeks, straight off the schedule above.

2. The percentage of loss of use, which is the disputed number. A partial loss is paid as that proportion of the scheduled weeks, so 20% loss of use of a hand is 41 weeks.

3. Your weekly rate, which for permanent partial disability is 60% of your average weekly wage under Section 8(b)2.1, a lower percentage than the 66 2/3% paid while you are off work.

Step Worked example
Average weekly wage $1,200
Weekly rate, 60% of that wage $720
Scheduled weeks for a hand 205
Agreed loss of use 20%, so 41 weeks
Incapacidad parcial permanente 41 × $720 = $29,520

Move the loss of use to 30% and the same hand becomes $44,280. That single percentage is worth more argument than anything else in the file, which is why the impairment report and the medical records matter so much.

Your weekly rate is capped, and not at the number you have read

You may have been told your rate is simply 60% of your wage. Illinois also sets a weekly maximum, and the maximum for permanent partial disability is much lower than the one for the benefits you receive while you are off work. The Commission publishes both on its Benefit Rates page, built on a statewide average weekly wage of $1,534.22 for the period beginning July 15, 2026.

Benefit Rate Maximum a week
Temporary total disability, while off work 66 2/3% of wage $2,045.63
Permanent partial disability, most injuries 60% of wage $1,084.66
Amputation of a member or loss of an eye 60% of wage $2,045.63
Diferencia salarial 66 2/3% of the wage loss $1,534.22

That $1,084.66 is the most recent permanent partial disability maximum the Commission has posted, for accidents in the year beginning July 1, 2025, and it is updated annually. A worker earning $2,200 a week calculates a rate of $1,320 and is paid $1,084.66 instead. There is a floor too: $400 a week with no dependents, rising to $600 with four or more, or the actual wage if lower. A spouse and children raise that floor, not the 60% itself, so dependents change the rate only for lower earners.

Amputations take the higher maximum above and add weeks: 17 extra for an arm taken above the elbow, 70 at the shoulder joint, 27 for a leg above the knee, 81 at the hip, and 11 more for an eye that is removed. Those are the catastrophic injury cases.

The injuries the chart leaves out

Look at the schedule again and notice what is missing: backs, necks, shoulders, hips, heads. Most serious work injuries are not on it.

Those run through Section 8(d)2, which pays “that percentage of 500 weeks that the partial disability resulting from the injuries covered by this paragraph bears to total disability.” That is the person as a whole, so 5% of it is 25 weeks. A brain injury is measured the same way.

A shoulder is not an arm. Insurers have argued the opposite for years, because 253 weeks for an arm is less than 500 weeks for the body. In Will County Forest Preserve District v. Illinois Workers’ Compensation Comm’n, 2012 IL App (3d) 110077WC, the Appellate Court held that “the arm and the shoulder are distinct parts of the body, if claimant sustained an injury to his shoulder, an award for a scheduled loss to the arm would be improper.” The worker there had a torn rotator cuff repaired arthroscopically, and the court sent the case back to Section 8(d)2. If your offer values a rotator cuff as a percentage of the arm, that is the first thing to question.

Two more provisions sit outside the schedule:

  • Wage differential, Section 8(d)1. If the injury pushes you into lower paid work, you can claim 66 2/3% of the difference between what you could earn before and what you can earn now, until you turn 67 or five years from the date the award becomes final, whichever is later. It is often worth far more than a scheduled award.
  • Disfigurement, Section 8(c). Serious and permanent scarring to the hand, head, face, neck, arm, leg below the knee or chest above the armpit line is worth up to 162 weeks, no earlier than six months after the injury, and not for the same injury paid under 8(d), 8(e) or 8(f).

Why the same injury is worth different amounts

Since September 1, 2011, permanent partial disability in Illinois has been set by Section 8.1b. A physician writes an impairment report using the American Medical Association’s Guides to the Evaluation of Permanent Impairment, measuring lost range of motion, lost strength and muscle atrophy. The Commission then weighs five factors:

  • the reported level of impairment
  • the occupation of the injured employee
  • the age of the employee at the time of the injury
  • the employee’s future earning capacity
  • evidence of disability corroborated by the treating medical records

The statute then adds the sentence that drives most disputes: “No single enumerated factor shall be the sole determinant of disability.” The Commission also has to explain in a written order how it weighed anything beyond the impairment rating. So a 5% AMA rating is evidence, not a verdict, and a roofer and an office worker with identical ratings can properly end up with different awards, because the same lost motion costs them different amounts of work.

An estimate is still worth having, and the arithmetic above will get you close. Treat it as a range to test an offer against rather than a figure the Commission is bound to reach.

Special rules that quietly change the math

  • Carpal tunnel from repetitive work. For accidents on or after June 28, 2011, it is measured against 190 weeks rather than 205, and the award “shall not exceed 15% loss of use of the hand,” rising to 30% only “for cause shown by clear and convincing evidence.”
  • Two members at once. Losing both hands, both feet, both eyes, or any two of those members, is permanent and total disability under Section 8(e)18, a different and much larger award.
  • Old injuries count, because a prior scheduled award for the same member is deducted from the new one.

A settlement is more than the permanency figure

The chart values one line item. A settlement contract usually resolves several: unpaid temporary total disability, medical bills incurred, whether future medical care stays open, and the permanency figure. Closing future medical is final, and it deserves the most attention if you may need more treatment.

Three rules frame the deal:

  • Nobody settles privately. Under 820 ILCS 305/23, a worker cannot waive compensation rights “except after approval by the Commission.”
  • Approval is not a rubber stamp. The Commission’s guidance for unrepresented workers says “the Arbitrator’s approval is discretionary rather than a required act,” and that the arbitrator will ask about concerns and explain the rights being given up.
  • Fees are capped at 20% of the compensation recovered on an initial claim, unless the Commission allows more after a hearing (820 ILCS 305/16a).

Workers’ compensation also pays nothing for pain and suffering, unlike a claim against a negligent driver or contractor, which is why a third party case can matter so much. We cover when one exists in our posts on suing your employer for a work injury and the 1099 construction worker’s options, and it runs on the separate deadline in our piece on the Illinois car accident statute of limitations.

How to check an offer against the chart

  • Find the right body part first. If the injury is to a back, neck, shoulder, hip or head, the measure is 500 weeks, not a scheduled member.
  • Do the arithmetic backwards. Divide the offer by your weekly rate to get the weeks, then by the scheduled weeks. That is the percentage being paid, and it is the number to argue about.
  • Check the wage behind the rate. Average weekly wage is calculated under Section 10 and can include overtime, so a rate built on base pay alone may be too low.
  • Ask what happens to future medical care. A fair looking number is a bad deal if it closes treatment you still need.
  • Ask whether a wage differential fits better if you came back to a lower paying job.
  • Watch two deadlines. Notice to your employer is due “as soon as practicable, but not later than 45 days after the accident,” and the claim itself must be filed with the Commission within three years of the accident, or two years after the last payment of compensation, whichever is later (820 ILCS 305/6).

Preguntas frecuentes

How do you calculate a workers’ compensation settlement in Illinois?

Take the maximum weeks the schedule in Section 8(e) gives your body part, multiply by the percentage of loss of use, then multiply by your weekly rate of 60% of your average weekly wage, subject to the state maximum and minimum. For a back, neck, shoulder or head, use 500 weeks under Section 8(d)2 instead of a scheduled body part.

What is a fair settlement for workers’ comp?

There is no published fair value, because the percentage of loss is decided case by case. Section 8.1b requires the Commission to weigh the impairment rating, your occupation, your age, your future earning capacity and the treating records, and says no single factor controls. A fair offer reflects all five, pays unpaid temporary total disability and medical bills, and treats future medical care in a way you can live with.

Is a shoulder injury worth more than an arm injury in Illinois?

It can be, because a shoulder is not on the schedule. The Appellate Court held in Will County Forest Preserve District v. IWCC that the arm and the shoulder are distinct parts of the body, so a torn rotator cuff is measured against the 500 weeks for the person as a whole, not the 253 weeks for an arm.

Does my AMA impairment rating decide the settlement?

No. The rating is one of five factors under Section 8.1b, and the statute says no single factor is the sole determinant of disability. The Commission has to explain in a written order how it weighed the other factors, which include your occupation, your age, your future earning capacity and the treating medical records.

How long after a workers’ comp settlement do I get paid in Illinois?

The Act sets no fixed number of days for paying an approved settlement, so the contract terms control and payment follows the arbitrator’s approval. Late payment of medical or temporary total disability benefits is different: Section 19(l) presumes unreasonable delay after 14 days and allows $30 a day up to $10,000, and Section 19(k) allows an extra 50% for unreasonable or vexatious delay.

Should I accept the first settlement offer?

Not before you know what it pays for. Work out what percentage of loss it represents, check whether it covers unpaid temporary total disability and medical bills, and find out whether it closes your right to future medical care. An arbitrator must approve the contract and will ask whether you understand the rights you are giving up, but that approval is not a valuation of your claim.

How much does a workers’ comp lawyer cost in Illinois?

Fees on an initial claim are capped by statute at 20% of the compensation recovered, unless the Commission allows more after a hearing on fees. The fee agreement has to be in writing on a form the Commission prescribes. At Lawyer Furqan the consultation is free, there is nothing upfront, and you owe no attorney’s fee unless we win.

Talk to an Illinois workers’ compensation lawyer

A worker helping an injured co-worker at a construction site, the first step in an Illinois workers' compensation claim

If you have an offer in front of you, the useful question is not what the chart says. It is what percentage of loss the offer pays, and what it closes.

Lawyer Furqan handles Illinois workers’ compensation claims, including construction accidents, for workers across Cook County, among them Bridgeview, Oak Lawn, Skokie, Niles and the surrounding suburbs.

Call 847-800-8978 or contact us online. The consultation is free, there is nothing upfront, and you owe no attorney’s fee unless we win. Illinois caps the fee on a workers’ compensation claim at 20% of the compensation recovered.

Sources and authorities cited

This article is general legal information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Every claim turns on its own facts and medical evidence. Talk to a lawyer about yours.

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How the Illinois Workers’ Comp Settlement Chart Works