Entitlement to Weekly Temporary Disability Benefits When Injured But Laid Off From Work

The Illinois Workers’ Compensation Commission has consistently held that where an injured employee is undergoing active medical care and working with restrictions (light duty) he or she is entitled to weekly temporary total disability benefits under workers’ compensation if laid off whether within seniority or outside seniority.

In one recent Workers’ Compensation Commission decision, the injured worker was being treated and working light duty when laid off by the company. He began a job search and eventually obtained employment that was consistent with his restrictions. He was then laid off from that second job. Once again, the injured employee began a job search and was fortunate enough to find employment with another company. The Workers’ Compensation Commission held that not only was the injured worker entitled to weekly temporary total disability benefits when laid off by the employer on the job on which he was hurt, but he was also entitled to receive weekly workers’ compensation benefits when he was laid off from the second employer because his condition had not reached maximum medical improvement.

Frequently, an employee might be working a light duty job but laid off for a brief period along with other members in the plant. The Illinois Workers’ Compensation Commission has generally found that as long as the injured worker’s condition is temporary, the worker is entitled to receive weekly workers’ compensation benefits for temporary total disability. This means that as long as treatment is required and the restriction is temporary, an injured worker is protected.

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