Toll Free 866-606-7862
Peoria 309-740-9092
Springfield 217-340-0036
Bloomington 309-226-4427
Decatur 217-877-6602
Strong Law Offices

When is a Worker entitled to receive Temporary Total Disability Benefits?

An injured worker who is kept off work by a treating physician, while undergoing treatment, is entitled to receive 2/3 of his average weekly wage. This is called temporary total disability. This is defined as regular pay, not overtime pay, unless the overtime is mandatory. These benefits are paid while the Petitioner is in active treatment and is unable to work due to his work related injury. No deductions, such as taxes or Social Security, are taken from the temporary total disability check. However, there are exceptions. For example, child support will be taken out if it is owed.
A treating physician also includes, a chiropractor who keeps the worker off work, providing his treatment is deemed to be reasonable and necessary and there is an indication that the injured worker is benefiting from the medical treatment received.
If the physician releases the injured worker to return to work with restrictions and the employer is unable to provide accommodations for the restrictions, then the worker is entitled to continue to receive the temporary total disability benefits. These benefits will continue until the injured worker's medical condition has stabilized and he has reached maximum medical improvement. Maximum medical improvement occurs when the injured worker has reached a state where his or her condition cannot be improved by any additional treatment. This does not mean that the injured worker's medical condition is what it was prior to the time of the injury. Quite often, when the injured worker has reached medical maximum medical improvement, he still is having problems associated with his injury. Those difficulties are factored in when a case is tried before an arbitrator or when a case is settled.
If the employer fails to pay the temporary total disability benefits without a reasonable excuse, they are subject to penalties. That is one reason why the injured worker is required, by the Illinois Workers Compensation Act, to be examined by a physician chosen by the employer. This is called an independent medical examination. If, in fact, the doctor chosen, has a legitimate reason for stating that the injured worker is not entitled to receive temporary total disability benefits, then penalties will not be assessed against the employer. This does not mean, however, that the arbitrator will not still award the temporary total disability benefits, as it would be an issue to be determined by the Illinois Workers Compensation Commission.
Finally, you should be aware that when an injured worker receives temporary total disability benefits for an extended period of time, the insurance company will more than likely hire surveillance to follow you around to see if you are violating the restrictions.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Strong Law

Contact our lawyers at 866-606-7862 to schedule a free initial consultation in our Peoria, Bloomington, Springfield or Decatur offices. We are also available to meet at your home or at the hospital by request.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Ready to Help, Dedicated to Your Recovery

We stand ready to help you find the resources you need to recover so that you can live your life to the fullest.

PEORIA
3100 North Knoxville Avenue
Peoria, IL 61603

Toll Free: 866-606-7862
Phone: 309-740-9092
Peoria Law Office Map

BLOOMINGTON
211 North Veterans Parkway
Bloomington, IL 61704

Phone: 309-226-4427
Bloomington Law Office Map

Decatur
2882 North Dinneen
Decatur, IL 62526

Phone: 217-877-6602
Map & Directions

SPRINGFIELD
913 South Sixth Street
Springfield, IL 62702

Phone: 217-340-0036
Springfield Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.