The Illinois Workers’ Compensation Act states that injured workers are entitled to temporary total disability (TTD) compensation during the period they are temporarily unable to perform any work because of an injury or disease sustained on the job. TTD ensures you have the financial resources to maintain your household until you can return to work.
In Illinois, you are entitled to receive two-thirds of your average weekly salary during the 52 weeks preceding your accident. You will receive bi-weekly compensation checks and all payments are tax-free. Generally, a doctor must justify in writing for every day of work lost due to a work-related illness or injury.
How Temporary Total Disability Works
Workers’ compensation regulations does not allow for temporary total disability payments for the first three days of lost income, except if the loss time continues for 14 or more calendar days from the date the injury occurred. If the employers fails to make payment within 14 days, and cannot provide a reasonable explanation for the delay, the company must pay a penalty.
If you work two or more jobs and your employer has knowledge of your multiple positions, the temporary total disability rate must be based on the combined wages of all of your jobs. TTD have certain minimums and maximums, which depends on dependents and wages. An experience Illinois worker’ compensation attorney can explain how this work for your particular circumstances.
Temporary Total Disability also pays for your provable, reasonable and necessary medical costs. There is no limit for how long you can receive temporary total disability.
Returning to Work For Light Duty
In many cases, the treating physician or employer’ s doctor may make a determination that an injured employee is able to go back to work, but only on a limited basis—light duty for a period of time. For example, an injured worker with a back injury may be released by the doctor to return to work but can only lift a maximum weight of 15 pounds. If you are approved to go back to work for “light duties,” you will need to provide a written statement to your employer outlining the medical restrictions.
Under workers’ compensation Illinois laws, your employer must try to accommodate your medical needs. What this means is that if the employer has some type of work available, and the physical requirements conform to the doctor’s instructions describing the “light duties,” you can returned to work at that accommodated position.
If the employer does not have a light duty available, the company must continue making temporary total disability payments to you until you have been released by the doctor.
Reforms to the workers’ compensation Illinois system makes it harder to get temporary total disability payments. Employers and insurance companies put up barriers to limit benefits or avoid entirely having to pay claims for workplace injuries. It is critical that you discuss your case with an attorney who specializes in workers’ compensation claims so that you know what your rights are.