The Illinois Workers’ Compensation Act and case law establishes that an injured employee can receive temporary total disability benefits when he or she is unable to work because of his or her work related injury. This is shown when a physician restricts the injured employee from working or the employee is placed on light duty restrictions by a physician that the employer is unable to accommodate those restrictions. 820 ILCS 305/8.
There are time restrictions which one can receive temporary total disability benefits. Specifically, these benefits can be awarded between the time when the injured employee is unable to work because of the work injury, as described above, and the time at which he or she reaches maximum medical improvement. Section 8(b) of the Act states that an injured employee does not receive temporary total disability benefits for the first three days of missed work, unless the employee misses fourteen or more calendar days.
Temporary total disability benefits equate to two-third of the employee’s average weekly wage, as calculated by the gross income of the employee for the fifty-two weeks prior to the work injury. There are a number of exceptions to this calculation, although it is important to remember that these benefits are not taxed.
Temporary total disability benefits owed to an injured employee require complex calculations which an experienced workers’ compensation attorney can help compute. Please contact Shay & Associates with questions about your rights to temporary total disability benefits owed for your work related injury.
This weblog does not constitute legal advice, and no attorney-client relationship is intended to be established due to reading this weblog. If you suffer from the above described injury, you should contact an attorney as soon as possible to ensure that your right to recovery is protected.