Differences in Workers’ Compensation Cases in Missouri and Illinois
On behalf of Harper, Evans, Hilbrenner & Netemeyer
April 30, 2025
“In 2022, nearly 2.8 million nonfatal workplace injuries were reported in the U.S.”
(Source: U.S. Bureau of Labor Statistics)
That’s more than 7,000 injuries every single day.
If you’ve been injured on the job, you might think the process to file for workers’ compensation would be straightforward. But if your injury happened in Missouri—or just across the river in Illinois—the process, your rights, and your compensation can look very different.
Understanding those differences could mean the difference between a fast, fair outcome and a long, frustrating legal battle. Here’s what you need to know.
Workers’ Compensation Basics: Missouri vs. Illinois
Both Missouri and Illinois have workers’ compensation laws in place to protect employees injured in the course of their employment. These systems provide medical treatment, wage replacement, and benefits for permanent disability.
But the laws aren't interchangeable. Each state has its own rules on eligibility, reporting deadlines, medical care, wage replacement, and how disputes are handled.
If you live in one state and work in another, or if you're an employer with workers in both, it's especially important to understand these state-specific differences.
Employer Requirements
Missouri
Missouri law requires any employer with five or more employees to carry workers' compensation
insurance. If the employer is in the construction industry, the requirement drops to just one employee.
Illinois
Illinois is stricter. Almost all employers, regardless of how many people they employ, must have workers’ comp insurance—even those with just one part-time employee.
Why it matters: More workers are automatically covered under Illinois law, especially in smaller workplaces or for part-time workers. If you’re a worker in Illinois, your chances of being covered are higher by default.
Choosing Your Doctor
Missouri
In Missouri, your employer (or their insurer) has the right to choose your treating physician. If you decide to see another doctor, you'll likely be responsible for those costs.
Illinois
Illinois gives workers more freedom. You can pick your own doctor, and the employer must cover up to two doctors of your choice (along with the treatment they recommend). Some workers may be limited to a network, depending on the employer’s insurance plan.
Why it matters: The choice of doctor can directly affect your treatment plan, recovery time, and ultimately your benefits. Illinois gives you more autonomy in choosing who treats your injuries.
Wage Replacement Benefits
Missouri
Missouri pays Temporary Total Disability (TTD) benefits at two-thirds (66.67%) of your average weekly wage. However, there are state-set maximums, which change annually. As of 2024, the weekly TTD cap in Missouri is $1,186.98.
Illinois
Illinois also pays 66.67% of the injured worker’s average gross wage, but with higher maximum benefits. For injuries occurring between July 15, 2023, and January 14, 2024, the max weekly benefit is $1,848.20 for TTD.
Why it matters: Illinois workers may receive higher compensation, especially those earning above-average wages. Missouri’s caps can limit high earners from receiving full wage coverage.
Permanent Disability Ratings
When your injuries lead to lasting impairment, states assign you a permanent disability rating that affects your benefits.
Missouri
Missouri uses a scheduled injury chart and considers your disability rating, age, occupation, and impact on future earning capacity. Disputes often require expert medical testimony.
Illinois
Illinois also uses a schedule of injuries, but applies the “Wage Differential” method if your injury reduces your earning power. This means you might get two-thirds of the difference between your pre- and post-injury wages, possibly for life.
Why it matters: Illinois can provide longer-term compensation if your injury lowers your income permanently. Missouri may award a lump sum or time-limited benefits depending on your rating.
Reporting Deadlines and Filing Limits
Missouri
You must notify your employer within 30 days of the injury. The deadline to file a formal claim is 2 years from the date of the injury or last payment of benefits.
Illinois
In Illinois, the injury must be reported within 45 days, and the statute of limitations is 3 years from the date of injury or 2 years from the last compensation payment—whichever is later.
Why it matters: Missing deadlines can mean losing your right to benefits. Illinois gives you slightly more time to report and file a claim.
Vocational Rehabilitation
Missouri
Missouri does not require employers to provide vocational rehabilitation services unless it’s part of a settlement agreement.
Illinois
Illinois law allows for vocational rehabilitation and job retraining, especially when the injured worker cannot return to their previous job. It’s a recognized part of the benefits structure.
Why it matters: If your injury limits your ability to do your old job, Illinois may provide support for training or finding new employment. Missouri typically does not.
How Disputes Are Resolved
Missouri
Disputes go through the Division of Workers’ Compensation, part of the Missouri Department of Labor. If the case isn’t resolved there, it can be appealed to the Labor and Industrial Relations Commission, and then to state courts.
Illinois
Claims are handled by the Illinois Workers’ Compensation Commission (IWCC). After an arbitrator's decision, it can go to a panel of commissioners, then to the courts.
Why it matters: Both systems are administrative, but Illinois tends to have more built-in review steps, which can offer more chances to correct errors—but can also slow down resolution.
Settlement Types
Missouri
In Missouri, settlements are called “Compromise Settlements”. Once finalized, they are binding, and it’s difficult to reopen them except for fraud or mutual mistake.
Illinois
Illinois allows for “Settlement Contracts”, which can include open medical rights or wage differentials. There’s also the possibility of Section 19(b) petitions for emergency hearings.
Why it matters: Illinois provides more flexibility in structuring settlements. Missouri is more final and less open to changes once you sign.
Final Thoughts
Workers’ compensation laws in Missouri and Illinois may look similar at first glance—but the differences are significant. Whether you’re dealing with wage replacement limits, the choice of doctor, vocational retraining, or settlement options, your state can determine what kind of help you receive—and how fast.
If you’re an injured worker, your focus should be on healing—not decoding legal technicalities or fighting with insurance companies.
That’s where we come in.
Contact Harper, Evans, Hilbrenner & Netemeyer
At Harper, Evans, Hilbrenner & Netemeyer, we’ve helped injured workers in Missouri and Illinois for over 30 years. We understand how the systems differ and how to protect your rights—regardless of which side of the river you’re on.
Our attorneys don’t just “handle cases.” We handle people’s lives—livelihoods, families, and futures.
Don’t leave your compensation
to chance. If you’ve been injured at work in Missouri or Illinois, contact Harper, Evans, Hilbrenner & Netemeyer today for a free, no-obligation consultation.
