When Will I Receive My Workers’ Compensation?
A question the workers’ compensation attorneys at Black & Jones commonly hear is, “when will I receive my benefits?” When you’ve been injured on the job, you want to get back to normal. You want to get the care and compensation you need and move on. As top workers’ rights lawyers in Northern Illinois, this is exactly what our team strives to do.
First of all, receive the medical care you need and report your workplace injury to your employer as soon as possible. Under Illinois’ workers’ compensation law, you have the right to choose your own doctor. So get the treatment you need; we’ll get it covered.
When Will I Start Receiving Compensation for Lost Wages?
Under the Illinois Workers’ Compensation Act, an injured worker is entitled to compensation for medical costs as well as wages lost while they were unable to work. But when and how much you receive in lost wages will depend on the category of disability your injury falls under.
Temporary Total Disability
Temporary Total Disability (TTD) applies to workers who are injured on the job that cannot return to work in any capacity until they have recovered under orders of their doctor or workers that are given restrictions but their employer is unable to offer them work within their restrictions.
In a TTD situation, lost wage benefits begin after a waiting period of three working days and continue to be paid as long as the disability exists. If the injured worker is unable to work for more than 14 days, the employer then becomes responsible for paying for the first three days of wages that were previously missed. During this time, the individual is paid two-thirds of their original wages, and this income is not taxable by state or federal governments.
Temporary Partial Disability (TPD)
Temporary Partial Disability (TPD) is given in scenarios where the injured worker can return to work, but due to restrictions from their doctor, they are unable to work their regular hours or the employer pays them a lower wage while working light duty.
In a TPD case, individuals usually receive two-thirds of the difference between their old and new wages until they have fully recovered. You must have a statement from your doctor saying you are unable to work at your current job at full capacity due to your injury.
Permanent Total Disability (PTD)
Permanent Total Disability (PTD) is for workers whose injury or illness results in the inability to return to work in any capacity for which a stable labor market exists.
To be entitled to PTD, the injured worker must first reach maximum medical improvement (MMI), which occurs when an injured person reaches a state where their injury or illness cannot be improved by any further medical treatment; the healing process is complete or has plateaued. If the injured worker’s doctor opines that the person cannot return to work in any capacity or has such severe restrictions that they are unable to secure employment given their age, education, training, skills and restrictions, they may be entitled to permanent total disability benefits for life.
Reaching MMI could take months or even years—making the road tedious. But with the right legal help, permanently disabled individuals can secure compensation for their workplace injury. Check out this example where the attorneys at Black & Jones secured permanent total disability compensation for a woman who developed Carpal Tunnel Syndrome and could never fully return to her previous career.
You don’t have to navigate the complex workers’ compensation system alone. As Rockford, Illinois’ top workers’ compensation law firm, Black & Jones helps people like you file claims and receive compensation. The team at Black & Jones can help you get the benefits you deserve. Contact us today for your free consultation.