Ridge & Downes - Law Firm

This FAQ section is provided as a general guideline to the rights and responsibilities of an employee who has been injured on the job. It does not, and cannot, contain all of the benefits and obligations pertaining to each specific case. Furthermore, it does not set forth the statute of limitations, nor the time limitations, of what you must do for proceeding with a workers ’ compensation claim. Each workers’ compensation case is unique and the law is frequently modified by the legislature and the courts.

This FAQ section is not intended as a replacement for the advice of an experienced attorney. In fact, if you have suffered an injury that is work related, you should consult an attorney knowledgeable on the law in your State for proper advice regarding the same.

Am I entitled to recover for lost wages?

While off work and under a doctor’s active treatment, injured workers in Illinois are entitled to Temporary Total Disability (TTD) benefits. Often known simply as “work comp,” TTD benefits equal two-thirds of your average gross weekly earnings, subject to certain statutory minimums and maximums. The period of TTD lasts while the doctor authorizes you off work, or while you are on light duty restrictions that your company cannot accommodate.

No TTD is payable for the first three days of work missed. If the time lost due to the injury continues for 14 days, the first three days grace period becomes payable by the employer.

If an injured worker is issued light duty restrictions by a treating or examining doctor, the employer is obligated to either: (1) provide work within the restrictions prescribed by the doctor or (2) make TTD payments. The employee is obligated to make a good faith effort to return to work, within his/her medically imposed restrictions.

The injured worker may also have the opportunity to make a claim for Temporary Partial Disability (TPD) benefits when the worker returns to light duty work and earns less than at the time of injury. This benefit applies only to a temporary condition and is not applicable when medically imposed restrictions are permanent in nature.

The Workers’ Compensation Act provides penalties and attorney’s fees that may be assessed against an employer who delays or denies payment of TTD benefits without written explanation to the employee or justification for such delay or denial. 

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