You can be retired and be paid for your time off of work
A caller asks if he is entitled to TTD benefits after his upcoming back surgery. He retired from his employer a year ago, but now needs a fusion which is related to a work injury from this employer.
Even though he is voluntarily out of the work force, if he is completely authorized off of work following the surgery, he is still entitled to benefits. Those benefits will continue until he either gets a full duty release or a release with restrictions that the old employer could have accommodated.
The reason for all of this is just because you retire from one company does not mean that you don't want to work anywhere. Since the work related back surgery is taking him out of the work force, he is entitled to TTD benefits. It may be counter-intuitive, but it's the law in Illinois and that's all that matters.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
I am currently on TTD and I do have an attorney, but the insurance co. messes around in sending my checks. There was
a time I didn't get paid for 2 months, most of the time they wait a month to send a check that I thought was to be sent every 2 weeks. My attorney claims that nothing can be done, legally, until it's been 60 days late. Is that correct?
We reply: It is not correct. You can file for penalties and fees once they are two weeks late.