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Temporary Total Disability
It is important for the worker to understand that this guide was prepared for two purposes. One of which is to inform the worker, in the limited space available, as to significant provisions of the Illinois Workers’ Compensation Act relating to a worker’s T.T.D. benefits.
The second purpose of this guide is to provide information to assist the injured worker in calculating the approximate dollar amount of his weekly T.T.D. benefits and to determine whether the employer is paying him the appropriate amount of T.T.D. benefits.
The date of accident in Carpal Tunnel Syndrome claims and other types of Repetitive Stress Injuries is the date on which the worker has been diagnosed with CTS or the date the worker was last able to work.
- A worker is entitled T.T.D. benefits if a job-related injury necessitates him losing time from work to receive treatment and recover from his injury. (Lost time from work must be supported by his treating doctor.)
- The basic formula for T.T.D. benefits are calculated as two-thirds (2/3) of the worker’s gross average weekly wage for the year preceding the date of accident (excluding overtime and bonuses).
Example: $300.00 (gross average weekly wage) x 2/3 = $200.00 (weekly T.T.D. rate)
To determine the daily T.T.D. rate simply divide the weekly T.T.D. rate by seven (7) days.
Example: $200.00 (weekly T.T.D.rate) / 7 (days) = $28.57 (daily T.T.D. rate)
The T.T.D. rate is subject to certain minimums and maximums outlined later in this guide.
- If the injuries sustained by the worker result in the loss of more than three (3) working days, the injured worker is eligible to receive T.T.D. benefits beginning on the fourth working day of such incapacity.
If the injured worker’s incapacity continues for a period of fourteen (14) calendar days or more, he is entitled T.T.D. beginning the first day of his disability.
The injured worker should receive his first T.T.D. check within fourteen (14) days of his employer’s notice of the accident, unless he has received written communication from his employer explaining the reason for his failure to pay the worker’s T.T.D. benefits.
If the worker does not receive his T.T.D. benefits in a timely manner, it is advisable he contact our office immediately so we can take whatever action is necessary, under the Act, to secure the worker’s benefits.
- There is no limitation to the period of time T.T.D. will be paid as long as the worker’s treating doctor has not released him to return to work.
- If a worker’s treating doctor releases him for “light duty” and his employer indicates that such a“light duty” or “restricted duty” job is not available or does not exist, the Act and case law interpreting the Act clearly mandate that in this situation, the employer or its Workers’ Compensation insurance company must continue to pay T.T.D. payments to the worker. Nevertheless, frequently, Workers’ Compensation insurance companies will terminate or take actions designed to justify the termination (i.e. request that the worker be examined by an insurance company doctor), of the worker’s T.T.D. benefits.
- If an individual was working for two (2) or more employers at the time of the injury, the combined gross earnings from all his jobs would be considered in determining the worker’s average gross weekly wage as long as the employer (for whom he was working at the time of the accident) had prior knowledge of the worker’s additional job(s).
- T.T.D. benefits are considered “compensation for an injury” and not “income” and therefore are not subject to federal or state taxes.
* Maximum weekly T.T.D. rate is 66.67% of the worker’s gross average weekly wage as calculated by Section 10 of the Illinois Workers’ Compensation Act or the maximum T.T.D. rate indicated above on the date of the worker’s accident, whichever is lower.
** Minimum weekly T.T.D. benefit is 100% of a worker’s gross average weekly wage or the above applicable minimum (a worker’s T.T.D. rate cannot exceed his average weekly wage), whichever is lower.
It is also important that the worker understand and be cautioned that the Illinois Workers’ Compensation Act provides for numerous exceptions, variations and additional provisions relative to the basic formulas for calculating a worker’s average gross weekly wage and T.T.D. benefits. The Industrial Commission and the Civil Courts are continually interpreting provisions of the Act that impact the method and/or amounts of certain worker’s T.T.D. benefits.
Considering the above, the injured worker should be cautioned that the information contained on this page is intended for informational purposes only and therefore should not be construed as legal advice.