Airline Workers With Temporary and Total Disabilities
Lawyers for Airline Workers’ Compensation Claims
Temporary total disability benefits take the form of wage replacement for an injured worker. To be entitled to temporary total disability, you’ll need to show that you didn’t work and also that you could not work. If you’re an airline worker who has a temporary and total disability as a result of work-related injuries, you might be eligible to seek out workers’ compensation disability benefits.
Airline Workers with Temporary and Total Disabilities
If you’re an airline worker who is not able to work until after your medical condition gets stabilized, you can obtain temporary total disability benefits. Benefits will usually be equal to 2/3 of an injured worker’s average weekly wage and they aren’t taxed. There are set minimum and maximum rates.
When you become eligible for temporary total disabilities as an airline worker depends on how long you’re not able to go back to work. The Illinois Workers’ Compensation Act provides that temporary total disability for work lasts more than 3 working days. The weekly compensation is to be paid starting on the fourth day of the temporary total disability and continuing so long as the temporary total disability lasts. Where temporary total disability continues for at least 14 days or more from the accident date, however, you can get paid the temporary total disability benefits retroactively from the date after the accident.
If you’re injured and the employer knows you’re unable to work, your employer is supposed to act within 14 days under the Illinois Workers’ Compensation Commission’s administrative rules. Under Rule 9110.70(a), an employer or his insurance carrier is supposed to start paying temporary total disability benefits 14 calendar days after being notified or knowing of the disability and inability to work. Where the employer denies liability for paying the temporary total disability benefits, it is supposed to give the employee a written explanation for why it’s denying the benefits and if the employer doesn’t have enough information to determine its liability for paying temporary total compensation, it’s supposed to advise the employee in writing of the information needed to make the determination and give a written explanation of why the sought after information is needed.
Maximum Medical Improvement
You will no longer be eligible for temporary total disability benefits if you’re no longer totally disabled from returning to work. The end of your eligibility is when you’re not disabled any longer and you’ve reached what’s known as maximum medical improvement. There may be disagreement over whether you’ve gotten to maximum medical improvement. You can rely on your doctor’s opinion to the extent it differs from your employer’s, but you should be aware that your airline employer can rely on the opinion of its doctor and terminate your temporary and total disability benefits for not coming back to work after reaching maximum medical improvement.
Sometimes, airline workers are released back to their jobs and need to follow procedures set forth by their insurers or employers with regard to giving them restricted or off duty or light duty.
Sometimes you are returned to work at the airline, but your doctor wants you to be on light duty or has other restrictions for you. You can ask for a note from your treating physician. The note might specify, for example, that you not use a particular body part that is injured or restricting how long you should be on your feet or stating that you shouldn’t lift anything. If you are able to work with restrictions, but earn fewer wages, you may be entitled to temporary partial disability benefits.
Consult an Experienced Workers’ Compensation Attorney
If you are an airline worker with a temporary and total disability in Chicago, you should hire a workers’ compensation attorney. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent injured airline workers in Springfield, Rockford, Aurora, Champaign, and Quincy, as well as Cook, Adams, Sangamon, Champaign, Winnebago and Kane Counties. We can closely examine your situation to decide whether other relief, such as damages in a personal injury lawsuit or SSDI may be sought. Call us at 312-724-5846.