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Illinois Workers’ Compensation Benefits, Social Security, Child Support and Pre-Existing Conditions

| Apr 1, 2014 | Motor Vehicle Accident, Personal Injury, Workers’ Compensation

If an Illinois on-the-job injury makes it impossible for you to work or has worsened your quality of your life, your employer may have offered workers’ compensation benefits. Before accepting it, you need to understand how workers’ compensation payments may affect other benefits you’re receiving.

How Workers’ Compensation Benefits Impact Social Security Benefits

Laws have been put in place that dictate the combined total of your workers’ compensation benefits and how much money you will be able to get if you later discover that you’re eligible to start collecting social security.

When considering your application to collect social security, the Social Security Advisory board looks at your earnings prior to your injuries. They can only provide approximately 80% of your regular wages prior to you getting hurt. For example, if you made $100,000 prior to your injury, the most you can expect to receive from social security will be $80,000. If you receive $60,000 in workers’ compensation benefits, the most you can reasonably expect to receive in social security benefits will be $20,000. Knowing this information makes it easier for you to determine when to apply for social security disability compensation.

Will Getting Workers’ Compensation Benefits Impact the Amount of Child Support you Pay

Getting workers’ compensation in lieu of your regular paycheck may also affect your ability to pay court-ordered child support. Illinois law states that if you receive workers’ compensation to help cover the loss of wages, up to 20% of the compensation can go towards your child support obligations. There have been times when individuals have been able to get the courts to make an exception, but these situations are rare and will require that you have a good lawyer who will do everything possible to ensure you still have enough money left to pay your bills.

Pre-Existing Conditions and Workers’ Compensation

The general policy is that if you receive an injury while working, your employer covers your medical bills, but there are some exceptions. A pre-existing condition aggravated by a workplace accident can complicate your situation. To recover from your employer, you must prove that the injury was made worse as a result of your workplace mishap. Your employer may content your claim and request that you see a specific physician.

The Illinois Workers’ Compensation statute aims to make workers who are injured on the job whole by providing compensation without the need to prove that the employer was culpable. To ensure that these benefits don’t compromise or reduce other benefits, you should consult with an Illinois workers’ compensation attorney.