Work Injuries When The Employer Can’t Accommodate Work Restrictions

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In Illinois workers’ compensation cases, it’s not uncommon for someone to recover from a job injury but still have lingering limitations. Sometimes those limitations are temporary, lasting a few weeks or months. Other times, they can be permanent. And in many cases, you might be well enough to return to some type of work after your accident, but not to your full, pre-injury duties.

When your doctor believes you’re ready to work but still need physical restrictions, they’ll issue a “light duty” release. These restrictions could include no lifting more than a certain weight, avoiding repetitive bending, or not working overhead. For most office employees, these limitations might not interfere with your job. But for laborers, factory workers, carpenters, or anyone in a physically demanding role, they can make returning to work much more complicated.

Will Your Employer Accommodate You? What Happens Before You Are Done Treating For Your Injury

Once you have restrictions, your employer has a choice: they can provide a job that meets those limitations, or they can say there’s no work available. Sometimes employers say they’ll accommodate you but then quietly push you to exceed your restrictions—a tactic that puts your recovery at risk. Other times, they’re straightforward and tell you they simply have no work for you until you’re fully cleared.

If your employer truly has no work that fits your restrictions, you should remain off work and focus on healing. During this time, you’re entitled to Temporary Total Disability (TTD) benefits which are weekly payments designed to replace your lost wages. If you are still treating, you don’t have to look for work, and you should never ignore your doctor’s orders just to keep your job. There’s no set limit on how long you can receive TTD. If you have a second job that fits your restrictions, you can continue that work while still collecting TTD from your main job.

When Restrictions Become Permanent

In serious cases, your doctor may determine that your restrictions will last for the rest of your career. This could mean lifelong limits on lifting, standing, bending, or other physical activities. We’ve represented young workers who were left permanently restricted before they even reached 30 years old. These situations often result from severe injuries or years of heavy-duty labor.

If you have permanent restrictions and your employer can’t offer suitable work, you’ll need to look for a job that does fit within your limits. While you’re doing that, you can receive maintenance benefits, which pays the same as TTD. You can also request vocational rehabilitation, which is paid for by the employer’s insurance company. This benefit provides a job counselor who can help you with your search, revise your resume, prepare you for interviews, and identify career paths that match your skills and abilities.  You get to choose this person and should. The ones hired by the insurance companies can not be expected to give you a fair shake. A good lawyer can assist you in finding the right voc rehab counselor.

There’s no set deadline for vocational rehab, but within about six months, there’s usually a clearer picture of your earning potential in a new role.

Wage Loss and Permanent Disability

If you find work within your restrictions and your new job pays significantly less than your old one, Illinois law allows you to receive wage differential benefits which is two-thirds of the pay difference, tax-free, for either five years or until you turn 65 (whichever is longer).

In situations where your injury and restrictions make it nearly impossible to find stable, suitable work, you may qualify as permanently and totally disabled, meaning you could receive benefits for the rest of your life. These situations are usually the most valuable work comp cases. Settlements can go for many hundreds of thousands of dollars, plus payment for future medical expenses. That can bring the total case value in to the millions potentially.