Returning to work after suffering a serious workplace injury is a cause for celebration; it is a sign that things are getting back to normal.
However, returning workers often do not work regular hours right away, and their job duties are often less than what they were pre-injury. Such “modified jobs” allow workers to ease back into full employment, but they also create financial hardship. Workers that come back in a limited capacity usually make less money than they did pre-injury.
Thankfully, there is a solution called Temporary Partial Disability (TPD). TPD is intended to help close the gap between the reduced wages the worker receives in a reduced capacity, and the wages he was making pre-injury working in a full capacity.
TPD payments are calculated using a formula. The returning worker will receive 2/3 (66%) of the difference between the income he earns in a reduced capacity and the net wages he was making pre-injury.
Work Injuries That Qualify for TPD
Workers may qualify for TPD if they have work-related injuries that reduce their ability to perform the job duties they performed before they suffered the injuries. A doctor must affirm that they cannot work in a full capacity because of their injuries.
For example, a warehouse worker suffered a torn rotator cuff and required surgery, causing him to miss work. A few weeks after the operation, he is able to return to work but has not been medically cleared to lift objects off of high shelves; he is also only able to work part-time.
Due to the nature of his injuries, the worker in the above scenario would likely qualify for temporary partial disability, as opposed to another category of worker’s compensation, such as permanent partial disability.
How a Lawyer Can Help
Navigating the worker’s compensation process is tricky, especially when companies and their insurance companies creatively look for ways to shirk their obligations. An experienced workers' compensation attorney can structure your application to increase the likelihood of approval. They also represent you during negotiations and any legal proceedings against your employer and their insurer.
Contact an Aurora, Illinois Workers' Compensation Attorney
Kinnally Flaherty Krentz Loran Hodge & Masur P.C. appreciates the challenges injured workers face, which is they have dedicated their careers to helping them obtain the compensation they deserve. We have years of experience handling all kinds of workers' compensation cases, including temporary partial disability, permanent partial disability, and total permanent disability claims. Our lawyers have fought companies and insurers in administrative hearings and courtrooms.
If you are looking for a Kane County workers' compensation attorney that is different from the rest, contact Kinnally Flaherty Krentz Loran Hodge & Masur P.C. today at 630-907-0909 for a free initial consultation.