Temporary Total Disability Attorney
Whether you’re filing an application for the first time, or have been denied benefits, we can help.
Brent Eames fights to get your benefits paid!
At Eames Law Group, we help injured workers throughout Illinois recover temporary total disability benefits when they are unable to return to their jobs after a work-related injury or illness. Under Illinois Workers’ Compensation Law, almost all workers are eligible for TTD benefits if workplace injuries prevent them from working. Many employers, however, delay payments or deny claims, leaving workers like you to struggle financially.
What Are TTD Workers’ Compensation Benefits?
Temporary Total Disability Benefits compensate injured workers for lost wages if they are temporarily unable to return to work after a work-related accident or exposure. If you were injured on the job and your doctor’s restrictions prevent you from working, or your employer is unable to accommodate your light-duty restrictions, chances are good that you qualify for TTD benefits.
- To qualify for these benefits, you must meet certain criteria.
- You must miss a minimum of three consecutive days from work because of your illness or injury.
- Your injuries must have occurred while you were at work or performing job-related duties.
- You must notify your employer of the injury.
If you qualify for Temporary Total Disability benefits, your employer must begin making payments to you within 14 days of receiving notice of your injury. If your employer denies or delays payment, you have the right to petition the arbitrator to order your employer to pay your benefits and any applicable penalties. If you hire an attorney to help you get TTD benefits, your employer may also be required to pay his or her fees.
How Long Will You Receive TTD Benefits?
Your employer must continue to pay you TTD benefits until you are released to return to work or you reach maximum medical improvement (MMI). If your employer discontinues your TTD payments prematurely, it must notify you in writing no later than the last day you receive a payment. If no written explanation is provided, you may petition the arbitrator to order your employer to pay penalties and attorney’s fees.
When Your Employer Can Accommodate Your Restrictions
When your restrictions prevent you from performing your regular job duties, but your employer offers you work that accommodates your condition and the limits your doctor has set, you must give the light-duty work a try. If you refuse to accept work that meets your restrictions, you could be waiting out the rest of your recovery without TTD pay. If you try working and it aggravates your symptoms or make your condition worse, you should return to your doctor to have your restrictions modified.
How TTD Benefits Are Calculated
Your temporary total disability benefits are determined based on your pre-tax wages for the 52 weeks prior to your injury. Your payments should be equal to 66 ⅔ percent of your average weekly gross pay, subject to minimum and maximum limits.
Although there are set minimum and maximum amounts for TTD benefits, the amount received can vary. Overtime hours may sometimes be included to determine your average weekly wage (AWW) under certain conditions, but it is calculated at your straight wage, not time-and-one-half. Other factors that may impact your AWW calculation include whether you had more than one job at the time you were injured, whether you only worked on a casual basis, and whether you have a full 52 consecutive weeks of employment.
Need Help With Your Case?
Attorney Brent Eames is a compassionate advocate for his clients and is experienced in securing top verdicts, awards, and settlements on behalf of injured workers and accident victims.
Before you talk to anyone, you should call our office and schedule a free consultation with our experienced lawyer to determine your rights and to ensure that you set up for case to receive the maximum compensation which you may be entitled to under law.
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