Tag Archives: temporary disability

IL injury lawyerWhen a person suffers an injury in the workplace, it is the employer’s responsibility to pay for medical expenses and compensate the injured party for lost work time. After suffering an injury in the workplace, a person will be financially reliant on the workers’ compensation benefits, failure to secure those payments can result in serious financial instability. If you have been injured while at work, it is time to speak with a knowledgeable legal professional.

Understanding Temporary Disability Payments in Illinois

In the state of Illinois, a worker can pursue two types of temporary disability payments, based on the extent of their injuries. If a person has suffered injuries that are significant enough to keep them out of work entirely for a certain amount of time, the employer is obligated to make Temporary Total Disability (TTD) payments. The employer will be asked to pay two-thirds of the employee’s average weekly wages. If the employee is able to work a job that requires less physical stress to the injured area, the employer will be asked to make Temporary Partial Disability (TPD) payments. The amount of the payments will be calculated through subtracting the wage of the new temporary job from the wage of the employee’s old job, and compensating the employee with two-thirds of the difference between the two salaries. It should be noted that in both payment programs, the employer will be forced to pay for all medical expenses.

Reacting to a Workplace Injury

As soon as you suffer an injury in the workplace, you have an obligation to seek medical attention immediately. If you experience delayed symptoms after the incident, seek medical attention as soon as pain or injuries suffered begin compromising your ability to work. It should be noted that if an employer has agreed to make temporary disability payments you are obligated to work with doctors to achieve a complete recovery in a timely fashion. Failure to work towards recovery can result in loss of disability benefits. It is also important to provide your employer with detailed medical information. If your employer does not receive requisite medical information, they are not obligated to make payments. If your employer or their insurance company is hesitant to agree to make disability payments, it is time to speak with an experienced attorney.

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IL injury lawyerAfter any serious accident is a time of uncertainty. Luckily after an accident that happened at work, there are protections to alleviate some of the anxiety a serious injury can cause. It is a person’s legal right to file for workers’ compensation after a work accident, and certain benefits will be available based on the severity of the injury.

With a personal injury case, such as a car accident, to receive compensation for damages a person must sue the other involved party. With a workers’ compensation laws, an employee cannot sue an employer for an injury obtained while on the job. Instead, the employee will file for workers’ compensation. All employers are required to have workers' compensation insurance if an employee gets hurt. Workers’ compensation provides benefits such as pay for missed wages and medical care after a workplace injury.

If a workplace injury can be taken care of with a basic first aid kit, then it will not qualify for workers’ compensation. Filing for workers’ compensation means that an employee cannot work for a short or long time due to an injury, or has been developed an occupational disease. When a worker cannot return to their job, their benefits are categorized by the following:

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IL work injury lawyerAfter experiencing a work-related injury that prevents you from working, your next concerns may be how you are going to pay for medical bills and support yourself. Most workers in Illinois have the right workers’ compensation, and if you suffer from an accident or have developed a disease from working conditions, you may be entitled to the benefits.

What Benefits Do Workers Compensation Provide?

If a person is injured during their line of work and the injury is more than a basic first aid kit could handle, they may be eligible for benefits. Workers’ compensation protects workers by providing compensation for work-related injuries or illnesses. Examples of this may include falling from a ladder on a construction site, developing carpal tunnel from an office job, or being diagnosed with cancer after working with hazardous materials at work. Workers’ Compensation provides medical care after the fact and the replacement of lost wages.

The more severe an injury is, the more payout a person can expect. There are four categories in which a person can expect to collect workers’ compensation: temporary and permanent disability, and total and partial disability A temporary disability is when someone is expected to heal, and a permanent disability is when a person has reached maximum medical recovery, and will not heal further. The difference between total and partial disability is that total means that a person cannot return to the workforce at all, and a person with a partial disability can return to work in some capacity.

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Temporary Partial Disability Vs. Temporary Total Disability

Aurora workers' compensation partial disability benefits attorneyWork is an essential part of a person’s life, allowing them to earn an income and provide for their family. When someone is injured at work, they have the right to receive workers’ compensation to pay for their medical bills and provide for their needs when they are unable to earn an income during their recovery. If an employee’s inability to work is expected to only last for a short time, they may be eligible for either temporary partial disability (TPD) or temporary total disability (TTD), and it is important to understand what is provided in these forms of compensation.

What is Temporary Partial Disability?

If an employee’s injury has resulted in an inability to fully perform their duties, they may only be able to work on a part-time basis or perform lighter duties while they are recovering, and this may result in a reduction in their pay. During this time, the employee can receive temporary partial disability benefits of two-thirds (66 2/3%) of the difference between their normal pay and the reduced pay.

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Kane County workers' compensation lawyerWhen a person is injured on the job, he or she should not return to work until he or she has recovered enough to do so. In some cases, such healing may only take a few days, while, in others, physical recovery may require weeks, months, or even years. According to Illinois law, injured employees who miss time at work are eligible to collect temporary disability as part of a workers’ compensation benefits package. Recent studies suggest, however, that injured workers in Illinois miss about 50 percent more work, on average, than injured workers in Indiana, Iowa, and Wisconsin.

Wide Disparity

The average length of a temporary disability claim in Illinois is 18.4 weeks, according to the 2015 annual report issued by the Illinois Workers’ Compensation Commission. By comparison, injured workers in Indiana missed an average of 10.5 weeks, 10.9 weeks in Wisconsin, and 11.6 weeks in Iowa. In Michigan, an average claim for temporary disability lasted approximately 15.7 weeks, the second-highest in the region. Some of the disparity in the amount time missed can be attributed to types of work found in each state. The balance of manufacturing, office, farming, service industry, and public sector jobs can all have an impact on the types and severity of sustained injuries.

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