Can My Age Affect My Eligibility for Workers’ Compensation?

While age is not the sole factor in determining one’s eligibility for workers’ compensation, it is one of many factors considered by the Illinois Workers’ Compensation Commission (IWCC) when assessing an injured worker’s level of disability.

The IWCC bases the determination of disability on five key factors: 

1. Occupation of the injured employee
2. Age of the employee at the time of the injury
3. Employee’s future earning capacity
4. Medical impairment report prepared by a physician in accordance with the latest edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment
5. Documentation of the disability supported by the treating physician’s medical records

When issuing a decision, the arbitrator must clearly explain the relevance and significance of any factors considered, in addition to the physician’s documented level of impairment.

Where age plays a significant role is in determining the value of a workers' compensation case. Younger workers who are injured on the job are more likely to endure the long-term impact of an injury, which can increase the overall value of their claim—especially if they’re unable to return to work in the same capacity. 

If a younger worker becomes permanently disabled as a result of a workplace injury, they may be entitled to greater compensation than someone who is injured later in life. Since the worker’s injury prevents them from working to earn a living, any settlement regarding lifetime benefits would be based on their future medical care and life expectancy.

If you’ve been injured at work, contact the skilled team at Black & Jones Attorneys at Law at (815) 967-9000 or fill out our online form to schedule your free consultation.