Temporary Disability Benefits Under IL Workers’ Comp Law

 Posted on December 11, 2024 in Workers' Compensation

Illinois worker’s compensation pays benefits for injuries caused either partially or wholly in the workplace. Aggravation of a pre-existing condition, injuries caused by repetitive motions in the workplace, or any other type of injury in the workplace qualify under workers’ compensation for benefits.

Benefits for workers’ compensation claims are paid regardless of who was at fault for the accident. In return, workers give up the right to sue their employers when they collect workers’ compensation benefits. There are many different types of benefits under workers’ compensation, including:

• Partial wage replacement
• Temporary and permanent disability
• Medical cost coverage for any medical expenses related to workplace injury
• Rehabilitation costs
• Occupational therapy costs
• Beneficiary compensation for a worker who dies as a result of workplace injury
• Displacement benefits that provide skill enhancement or educational retraining

If you have questions regarding any aspect of Illinois workers’ compensation, including temporary disability benefits, speaking to an experienced Plainfield, IL workers’ compensation lawyer from Flaherty Law, LLC can be helpful.

Understanding Temporary Total Workers’ Compensation Benefits?

Temporary total disability benefits are paid to workers injured on the job beginning when the worker is off work recovering from the injury. To qualify for temporary workers’ comp benefits, the illness or injury must have occurred during the employee’s normal course of employment and rendered the employee unable to perform his or her regular job duties. The illness or injury must be considered temporary, with the worker expected to return to work once recovered.   

Temporary wage benefits are calculated at two-thirds of the injured workers’ average weekly wage, so the higher the worker’s wages, the higher the temporary benefits will be. The current minimum TTD benefit for a single worker as of July 2024 is $373.33 per week, while the maximum weekly benefit is $1,907.79. The minimum temporary workers’ compensation benefits will increase based on the worker’s marital status and the number of children.

These replacement wage benefits should begin three days after the injury through the 14th day following the injury. If the worker is off work for more than 14 days, the first three days after the accident are also compensable. Temporary disability payments stop when the employee returns to work on full duty without restrictions or his or her physician says maximum medical improvement has been reached.

What Are Maintenance Payments for Temporary Disability Benefits?

When an employee’s medical condition is not expected to significantly improve, even with further medical interventions or rehabilitative treatments, maximum medical improvement (MMI) has been reached. Once a physician has affirmed that MMI has been reached, temporary benefits could be replaced with permanent partial disability benefits or permanent total disability benefits.  

Illinois workers’ compensation allows injured workers who have reached MMI to receive maintenance benefits when:  

• The worker cannot return to work at his or her former position because of the workplace injury and
• The worker is currently undergoing vocational rehabilitation.

Maintenance benefits are generally paid at the same rate as the temporary total disability benefits.

Contact a Will County, IL Workers’ Compensation Lawyer

Receiving workers’ compensation benefits can be a necessity following a workplace accident. Unfortunately, in some cases, an employer or his or her insurer may deny the worker’s earned benefits. A knowledgeable Plainfield, IL workers’ compensation attorney can help ensure you are treated fairly and receive the benefits you are entitled to.

Attorney Daniel Flaherty began his career in insurance defense litigation and has in-depth experience in Illinois workers’ compensation. Your case will be comprehensively investigated, all your options reviewed, and attorney Flaherty will help you determine the best way to receive your workers’ compensation benefits. Contact Flaherty Law, LLC at 815-577-7500 to schedule your free consultation.