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.
1. 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.)
2. 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.
3. 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.
4. 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.
5. 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.
6. 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).
7. 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.
Cautionary Note:
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.
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