Temporary and Total Disability Benefits

Chicago Lawyers Experienced in Workers’ Compensation Matters

Injured workers asserting their legal right to compensation may be eligible for a range of benefits, depending on their specific medical condition and ability to work. According to the Illinois Workers’ Compensation Act, people who are hurt at work or develop an illness due to workplace conditions may recover benefits that are meant to help ease the financial burdens that accompany an accident. At Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, our Chicago workers’ compensation attorneys help injured employees set forth the necessary medical documentation to support a full recovery of temporary and total disability benefits.

The ramifications of a workplace accident upon the life of an injured employee and their family are difficult to quantify, particularly for people who are seriously injured and unable to work for an extended period of time. Our attorneys recognize the emotional impact of a workplace injury and provide personal attention to injured workers throughout Illinois.

Seeking Temporary and Total Disability Benefits

For employees who have not suffered an injury resulting in death, Section 8 of the Illinois Workers' Compensation Act sets forth details concerning available compensation. According to the Act, medical care reasonably required to help the employee is compensable under the Act. These services include first aid, surgery, and hospital services. Additionally, employers are responsible for any treatment or vocational training that is required to help the employee’s physical, mental, or work abilities.

Temporary and total disability (TTD) benefits exist for employees who are unable to work due to a workplace injury or condition. Employees are eligible for TTD when a doctor indicates that the employee cannot work or is capable of performing light-duty work but has not been accommodated by the employer. An employer is required to provide these TTD benefits until the employee either reaches maximum medical improvement or returns to work.

Permanent and total disability (PTD) benefits, in contrast, compensate workers who have suffered the complete and total loss of the use of both feet, both hands, or any two such body parts. Employees who are permanently unable to work may receive lifetime weekly permanent disability benefits.

Calculating the amount of TTD benefits available to an injured worker requires assessing the employee’s average weekly wage. The TTD benefit is two-thirds, or 66 2/3%, of this weekly wage. Temporary disability benefits are not taxed, and according to the Illinois Workers’ Compensation Commission, workers who receive temporary and total disability benefits do not lose their right to these benefits if their employer lays them off or terminates them. Injured workers who are still receiving treatment for their job-related injuries are entitled to continuing disability benefits.

If an employer ceases payment of the temporary and total disability benefits before the employee returns to work, the employer must provide a written explanation. A failure to do so subjects the employer to penalties and attorney fees.

Consult a Dedicated Job Injury Attorney in the Chicago Area

The job injury lawyers at Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck help injured employees secure the evidence that they need in order to protect their legal right to benefits. Whether you are filing a claim for the first time, or your claim has been denied, we can represent you at all of the stages of the dispute process. We have represented workers in Champaign, Aurora, Rockford, Quincy, Springfield, and other areas of Sangamon, Cook, Kane, Winnebago, Champaign, and Adams Counties. To learn more about your situation, call our office toll-free at (800) 444-1525 or reach us online to schedule a free appointment.