Wage Benefits For Work Injuries (TTD)

If you have been injured on the job and are now unable to work or have work restrictions that your employer cannot accommodate, you are probably very concerned about your income during this time. If your work related injury is covered under the Illinois Workers Compensation Act, you likely can get temporary total disability benefits (TTD).

Proof
First, you must provide evidence from your treating physician indicating that you have work restrictions. It is not enough to claim that you cannot work, but rather you must provide a medical opinion indicating that. You also must show that your employer can not accommodate any restrictions you have.

Timing
You will not get TTD benefits until you have unable to work for more than three (3) working days. On the 4th working day, benefits begin. When you have missed a total of 14 days, you will be compensated for those first three days missed.

Average Weekly Wage
What is your average weekly wage? This is used as the basis for determining benefits so it is important to know what this amount was before your accident. If you are paid by the hour, you must account for overtime in calculating your average weekly wage. If overtime pay is not accounted, you will not get the correct amount of TTD benefits that you are entitled to.

The Calculation
TTD benefits are calculated as 2/3 of your average weekly wage for the 52 weeks prior to your injury. Although this seems like a simple calculation – and it can be at times – there are instances where it can be very complex. That is why it is highly recommended that you seek the assistance of an experienced attorney who has handled numerous workers’ compensation cases. A calculation error could cost an injured worker thousands of dollars. Fortunately these errors can be corrected any time before the case is settled or at trial.

The Limits
Depending on when you were injured, there are minimum benefit amounts and maximum. As of January 15, 2010, the maximum TTD rate is $1,243.00. That means if your average weekly wage before taxes is $1,500, you are entitled to $1,000, which is not over the maximum. But, if your average weekly wage is $2,100, you will not receive $1,400, or two-thirds, but rather the maximum of $1,243.00. The rates change every six months so your attorney will be able to advise you on the maximum that applies to your case.

Your obligations
It is your responsibility to keep your employer and/or their insurance company abreast of your condition and work restrictions as per your doctor. In the meantime, you will receive benefit checks every two weeks and there is no time limit in Illinois as to how long you can receive TTD benefits. A good work injury lawyer will get a copy of every off work slip and forward that on.

Tax and considerations
Your TTD benefits are not considered compensation and will not be counted as income subject to state or federal taxes. You can also still receive social security benefits while receiving TTD benefits at the same time.

Now what?
All of the above is information that you should know in order to ensure that you get the benefits you are entitled to. If you still have questions or just want to be certain that your case is being handled properly, you should speak with a workers’ compensation attorney. Contact us if you would like a referral. Our job is to answer your questions and match you with an experienced lawyer that fits your needs.