Temporary Total Disability Workers’ Compensation Benefits in Illinois

Experienced Chicago-Based Attorneys

Suffering from a work-related injury or illness in Illinois could put you out of work for a certain amount of time. During your recovery, you may miss out on normal wages while also dealing with treatment expenses. Fortunately, you can apply for temporary total disability workers’ compensation benefits to make up for some of these losses. 

At IL Work Injury Lawyer, we serve clients across the state who have missed work because of their severe injuries. Our Chicago workers’ compensation lawyer team is committed to fighting for fair compensation on your behalf. 

What Is Temporary Total Disability (TTD) in Illinois Workers’ Compensation?

State law 820 ILCS 305 (the Illinois Workers’ Compensation Act) requires all employers, with few exceptions, to pay for workers’ compensation insurance. One of the primary benefits an injured worker could receive is temporary total disability, which is a type of wage replacement. 

These disability benefits are available if you cannot perform any work because of a job-related injury or illness. However, you must apply for workers’ compensation in a timely manner to be eligible for this financial support. 

How Are Temporary Total Disability Benefits Calculated?

Temporary total disability benefits typically cover up to two-thirds of an employee’s average weekly wage (AWW). This amount is subject to statutory minimums and maximums under Illinois law. 

AWW is calculated by adding your total earnings for the 52 weeks prior to your injury or illness. These earnings include unique pay structures, such as overtime, bonuses, and on-call pay. The total is then divided by 52 to determine the AWW. You can multiply this number by .66 to find the rough estimate for your temporary disability benefits. 

Every six months, the Illinois Department of Employment Security determines the statewide average weekly wage to set minimum and maximum limits. 

When Do TTD Payments Begin?

There is a three-day waiting period before an employee can receive payments from the workers’ compensation insurance company. You must provide medical documentation to prove the extent of your injuries and the work-related nature of the incident. 

If you are forced out of work for at least fourteen days, the employer must cover disability benefits and lost wages for the three-day waiting period. 

How Long Can You Receive Temporary Disability Benefits?

The circumstances of your injury will determine how long you can receive benefits as an injured worker. Typically, temporary total disability benefits end once you are cleared to return to work or reach maximum medical improvement (MMI). 

Even if you have not reached MMI, a treating physician could still release you to return to work, ending temporary disability benefits. Additionally, if you apply for another type of benefit, such as temporary partial disability or permanent disability, this would replace TTD. 

What Happens After Maximum Medical Improvement?

Once MMI has been reached, as determined by a treating physician, TTD payments will end. However, if you are prevented from working at your pre-injury capacity at this stage, workers’ compensation could transition into a new category of financial support. 

Permanent Partial Disability 

If an injured worker is permanently affected by the condition and can no longer serve in the same capacity, they can apply for permanent partial disability benefits. These payments would cover two-thirds of the wages earned prior to the injury. 

Permanent Total Disability

If you cannot return to work in any capacity after MMI, you can apply for lifelong payments under permanent total disability. These benefits will come in the form of ongoing payments for up to two-thirds of your lost wages. 

What Medical Care Is Covered During TTD?

Another benefit covered by workers’ compensation laws is medical expenses. The insurance company can cover all reasonable costs associated with your diagnosis and treatment. 

Eligible medical costs may include hospital care, emergency room visits, surgery, physical therapy, medications, and mileage for travel to appointments. 

How to Prove Eligibility for TTD Benefits

If you want to receive temporary partial disability, temporary total disability, or other forms of wage loss coverage, you must provide evidence of your injuries. Types of evidence can include accident reports, witness statements, medical records, and doctors’ work restrictions. 

If there are disputes about the eligibility of your claim, you may need legal assistance when appealing to the Illinois Workers’ Compensation Commission (IWCC). IL Work Injury Lawyer can provide the support you need to earn fair compensation. 

What Are Common Insurance Company Disputes Over TTD Benefits?

The insurance company will work hard to undermine your case and avoid paying full benefits. 

Some arguments they may use to deny or reduce your benefits include:

• You are not eligible for the full amount you want
• The start date for benefits is too early
• You are capable of light work duties
• You have already reached MMI

Can Injured Workers Receive Other Benefits While on TTD?

Outside of workers’ compensation cases, there are other benefits available to injured workers, such as Social Security payments and third-party claim settlements. 

Social Security Benefits

Social Security is a federal government program that many workers pay into during their employment. If you get hurt to the extent that you cannot find gainful employment, you may be eligible for monthly payments. 

Compensation From Third-Party Claims

If someone other than your employer is at fault for your accident, you could pursue compensation with a third-party liability claim. This legal action allows you to seek compensation for legal damages like lost income, medical bills, and emotional distress. 

However, you must prove negligence to receive compensation. Our team can help you navigate this claims process to hold that at-fault party accountable. 

How to File a Temporary Total Disability Claim in Illinois

You must adhere to all workers’ compensation laws to be eligible for benefits. This means filing your claim according to the appropriate procedures. 

Here is what you must do to receive temporary total disability payments:

• Report your injury to the employer within 45 days
• Seek immediate medical treatment
• Obtain medical documentation and wage loss evidence
• File with the IWCC within three years of the injury or two years of the last benefit payment\
• Consult our top-rated attorneys for appeal assistance

How IL Work Injury Lawyer Can Help You Recover Workers’ Compensation Benefits

IL Work Injury Lawyer is uniquely situated to handle your case. We have decades of experience, an A+ grade from the Better Business Bureau, and a head attorney who serves as a contributing author for the National Law Review. 

We can guide an injured worker through claim disputes, gather evidence to prove eligibility, and fight for maximum benefits.

Book a Free Consultation

At our work injury law firm in Chicago, we work on a contingency fee basis, so you owe nothing unless we win. You can also ask any questions about workers’ comp benefits, like vocational rehabilitation services coverage, disability payments, and death benefits, during a free consultation.

Contact IL Work Injury Lawyer today to schedule your free case evaluation.