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★ Illinois · workplace

Workplace settlements
in Illinois.

By Reviewed by Abd Shanti, Founder9 min read

Illinois has some of the highest workers’ compensation maximums in the country, set from the statewide average weekly wage twice a year. Railroad workers are outside that system and sue under federal law instead.

Facts that decide a workplace claim in Illinois

Temporary total disability maximum$2,045.63 a week for injuries from 15 July 2026 to 14 January 2027 ($2,008.60 for the first half of 2026).Illinois Workers’ Compensation Commission benefit rates
Death and permanent totalMaximum $2,045.63 and minimum $767.11 a week from 15 July 2026; death benefits run 25 years or $500,000, whichever is greater.Illinois Workers’ Compensation Commission benefit rates
Minimum TTDThe lower of the worker’s average weekly wage or $400 a week for a single worker with no children, rising with dependents.Illinois Workers’ Compensation Commission benefit rates
Statewide average weekly wage$1,534.22 from 15 July 2026, the figure that sets the maximums.Illinois Workers’ Compensation Commission benefit rates
Deadline to sueTwo years: injury actions “shall be commenced within 2 years next after the cause of action accrued.”735 ILCS 5/13-202, as quoted in Mickiewicz v. Generations at Regency (Ill. App. 2020)
united states · sister site
Your workplace claim in Illinois. See the number for your own case.

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★ IL · reported workplace outcomes

What Illinois courts have awarded.

Real Illinois decisions and verdicts, each linked to the court record or official report.

  • McCarthy v. Union Pacific Railroad
    Illinois Appellate Court, Fifth District · 2022
    $3.14 million verdict reversed, new trial

    A railroad employee injured his neck and back in a 2015 work vehicle accident and alleged his supervisor later grabbed his head and neck. Because railroad workers sue under the Federal Employers’ Liability Act, he could take the railroad to a jury, which awarded $3.14 million. The appeals court reversed and ordered a new trial.

  • Wills v. Foster
    Illinois Supreme Court · 2008
    $80,163 medical award restored

    In a road crash claim the Supreme Court held an injured person may recover the reasonable value of medical care rather than the lower amount a government program paid. The same rule applies when a worker hurt on the road sues a negligent outside driver.

★ IL · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Illinois.

  1. 1

    Check which system covers you. Most employees receive workers’ compensation, but railroad workers like McCarthy sue under federal law, where a jury decides damages.

  2. 2

    Rates change every six months. The Commission ties the maximum to the statewide average weekly wage, so the date of injury fixes which figure applies.

  3. 3

    A crash while working can support both a compensation claim and a lawsuit against the other driver, where the full billed medical costs count under Wills v. Foster.

★ IL · statute of limitations
2 years from date of injury

735 ILCS 5/13-202

★ IL · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Illinois's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Illinois · you are hereModified comparative, 51% bar2 years from date of injury—
IndianaModified comparative, 51% bar2 years from date of injuryIN · workplace →
IowaModified comparative, 51% bar2 years from date of injuryIA · workplace →
KansasModified comparative, 50% bar2 years from date of injuryKS · workplace →
MichiganModified comparative, 51% bar3 years from date of injuryMI · workplace →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · workplace →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · workplace →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · workplace →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · workplace →
MontanaModified comparative, 51% bar3 years from date of injuryMT · workplace →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · workplace →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · workplace →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · workplace →
★ IL · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in Illinois? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of IL
Illinois overview

Fault rule, statute, caps, and key facts for Illinois as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Illinois. See /methodology, /sources, and /disclaimer.