Tens of thousands of workers are hurt while at work each year in Illinois, many temporarily unable to go back to work until they are healed from their injuries or illness. Under Illinois state law, workers have a right to receive compensation for time lost from work when they are injured on the job under Worker’s Compensation. Almost all employees qualify for this benefit, however the amount of money they receive can fluctuate depending on how their claim is handled. The term commonly used to describe these benefits is 'temporary total disability' or TTD.
Illinois Worker’s Compensation Lost Time Benefits
In 2011, there were approximately 50,000 worker’s compensation claims made in the state of Illinois, with many of these with workers missing time from their jobs due to their injury or illness. Temporary Total Disability or TTD is when a worker cannot return to work due to their on-the-job injury or illness. When time and wages are lost due to a work injury that causes TTD, workers can apply for lost time benefits under the Worker’s Compensation Act .
TTD benefits are calculated weekly, based on an employee's earnings. To apply for and receive this compensation, employees must meet certain criteria regarding their injury or illness, such as:
- Miss at least three days of work due to the work injury or illness
- The injury must have happened on the job, however the injury may be covered for benefits even if it only partially resulted from the employee’s work.
- The employee must notify their employer of the injury or illness
Employers must begin paying for or deny to pay TTD benefits within 14 days of the injury. The first three days of lost time from work is not compensated unless the employee misses 14 days or more, then they receive benefits starting the day after the injury. Once an employee is released by their doctor to return to work, time loss benefits stop. However, if the employee returns to work for light-duty and is paid a lower wage, the employee may qualify to receive Temporary Partial Disability or TPD, which can pay the difference between their regular wage and the light-duty wage.
Benefits Of Having Legal Representation For TTD Benefits
There are set minimum and maximums for TTD benefits, usually based on approximately two-thirds of an employees salary. However, the amount of compensation can vary, which is why having an experienced worker’s compensation attorney can help injured workers strive to receive:
- the maximum amount of TTD compensation
- a higher benefit based on overtime hours
- TPD when applicable
- compensation when their employer denies their claim
- compensation for an injury that was only partially caused at work
TTD benefits for lost time have no time limitations and can be made indefinitely. However, if the injury is determined to be permanent, an attorney can help pursue compensation for a permanent disability.Are You An Injured Worker Who Is Not Receiving Their Lost Time Benefits?
Many employers are eager take advantage of the fact that an injured employee may not be familiar with the Illinois law applicable to workers compensation benefits and lost time in particular. In many situations, we have clients who have been told by their employer or their insurance carrier they may not be entitled to particular benefits due to their circumstance. In many of these situations, the workers compensation attorneys at Rosenfeld Injury Lawyers has successfully obtained benefits for them both in the past and forthcoming. If you are an injured worker and not receiving your lost time benefits, call us now to set up an appointment for a free consultation.
Learn more about the law applicable to lost time benefits afforded to injured workers under Illinois law: