While treating for a work related injury, if a doctor prescribes you to be off work or prescribes light duty restrictions that your employer is unwilling or unable to accommodate, the insurance company must pay Temporary Total Disability benefits (TTD).
Temporary Total Disability
TTD is a tax-free benefit. TTD is calculated as 2/3 or your Average Weekly Wage (AWW), while under the doctors restrictions and under active medical care.
Average Weekly Wage
AWW is your average weekly pay for the previous 52 weeks. We can request a wage statement to make sure your AWW is calculated pursuant to Illinois law. It is not uncommon for us to find errors in how the insurance company is making this calculation. We can often find that an underpayment in TTD benefits is owed to our clients. If you regularly work or are required to work overtime, we may be able to include overtime in your AWW calculation. These benefits will continue until you return to work or until a doctor determines you have reached MMI (maximum medical improvement).
MMI means your condition has stabilized to an extent that your condition is not getting better and not getting worse and therefore are released from medical care. If your employer is taking you back for light duty, either full or part time, and you will be earning less than you would earn in the current full time performance of your job, an insurance company could owe you a Temporary Partial Disability payment (TPD). If the employer is not willing to pay you temporary compensation, please call our office to see if we can help.