Yes. If a work-related injury prevents you from returning to your previous position and forces you to accept a lower-paying job, you may be entitled to wage differential benefits under the Illinois Workers’ Compensation Act.
These benefits are designed to help workers who experience a permanent loss in earning capacity due to their injury. Even if you’re able to work again, the law recognizes that your income may not fully recover and wage differential benefits are intended to bridge that gap.
What Are Wage Differential Benefits?
Wage differential benefits compensate you for the difference between your pre-injury earnings and what you’re able to earn in a new, lower-paying role. Under Illinois law, you may be entitled to receive two-thirds (⅔) of the wage difference.
This is particularly important for workers in physically demanding jobs who, due to injury, can no longer return to their original position and must transition into lighter-duty work at a lower rate of pay.
Example of How Wage Differential Benefits Work
Suppose you earned $1,000 per week before your injury. After recovery, your doctor clears you for work with restrictions, and you take a new position earning $400 per week.
- Wage difference: $1,000 – $400 = $600
- Wage differential benefit: Two-thirds of $600 = $400 per week
This amount is paid in addition to your new earnings, helping protect your overall income.
How Long Do Wage Differential Benefits Last?
If you qualify, wage differential benefits may continue until:
- You reach age 67, or
- Five years after the date of your injury
Whichever is later.
This extended benefit period provides long-term financial support while you adapt to your new work situation.
Qualification Criteria
To receive wage differential benefits in Illinois, you must meet the following requirements:
- Documented proof of your pre-injury average weekly wage, typically verified through payroll records or tax documents
- Evidence of your current post-injury earnings, showing that your new job pays less than your former position
- Medical documentation showing that you have permanent work restrictions and are unable to return to your previous duties
You must also demonstrate that the lower earnings are due to your injury, not unrelated factors such as job market changes or a voluntary career shift.
Why Legal Guidance Matters
Insurance companies often dispute wage differential claims, questioning whether your reduced income is injury-related or challenging your eligibility. That’s why working with an experienced attorney can make a meaningful difference. Legal support ensures that your claim is properly documented, accurately calculated, and fully pursued under Illinois law.
We Help You Protect Your Income After Injury
If you’ve been forced into a lower-paying job because of a work injury, we’re ready to help you recover what you’ve lost and safeguard what you still have.
Contact us today for a free consultation. Let’s make sure your income, health, and future are fully protected.
