Illinois workers’ compensation law says that when you can’t work due to a work injury, you are entitled to temporary total disability benefits (TTD) for the time you can’t work. That is 2/3 of your average weekly wage, tax free.
Under Illinois law the first three days you miss from work do to a work injury are not paid. Starting on the 4th day benefits start. If you miss a total of 14 days or more then the first three days get paid retroactively.
So if you work Monday to Friday and Monday morning you get hurt at work, if your doctor tells you not to return until the following Monday how many TTD days are you owed?
Most people would think it’s just one day, but it’s actually three. While you are technically only missing work on Tuesday, Wednesday, Thursday and Friday, TTD payments are based off of calendar days missed, not work days because theoretically you could work any day.
So if you are hurt on Monday and can’t get back to work until the following Monday, you are missing six calendar days of work so you should be paid for three days of TTD benefits. If your average weekly wage is $900 then your TTD rate is $600. You are entitled to 3/7 of $600 for the time you missed, tax free, or $257.14.
It’s important to remember that while initially you may only miss a few days, if later on you miss more time and it brings your total to 14 or more, those first three must be paid.
But the biggest point is to remember that it’s calendar days missed that matters not actual scheduled work days. It seems odd until you remember that your TTD rate is based off of a seven day work week, not five.
It’s not the biggest issue in the world, but we think it’s important because even if it’s $250, that’s money in your pocket that you are entitled to and if you miss a few days of work it can be extremely important.
So if you have questions about TTD benefits in Illinois or anything else, call us at 312-346-5578 for a free consultation with a lawyer.
