Are you unable to work due to a job-related accident or sickness for an extended period while you recover? You may be eligible for compensation to help you replace your lost income, also known as Temporary Disability (TD) Workers’ Compensation. From eligibility criteria to filing the claim and receiving the deserving compensation, the whole process can be overwhelming. So, before you begin scratching your head, we’ve broken down everything below in easy, understandable terms.
Learn to Differentiate between Disability and Impairment
Worldwide inflation has resulted in compensations being a critical subject of discussion for an increasingly broad workforce segment. However, the legislation responsible for these injuries is sometimes unclear and imprecise. Therefore, understanding the difference between disabilities and impairments is essential when claiming compensation.
- Disabilities are the limitations on a worker’s capacity to do job-related duties.
- Impairments are changes in the way the body operates after an injury (physically or mentally)
Suppose you suffer from a work-related injury or illness. In that case, The Division of Workers’ Compensation (DWC) in your state will provide a degree of disability number from the predesigned scale. This percentage indicates the level of injury or illness to determine the amount of workers’ compensation you’re eligible to.
- Temporary Total Disability
- Temporary Partial Disabilities
- Permanent Partial Disability
- Permanent Total Disability
Terms used by doctors:
- Mild (25% Disabled)
- Moderate (50% Disabled)
- Marked (67% Disabled)
- Total (100% Disabled)
The Topic of Discussion: Temporary Disability
Employees who suffer a temporary disability due to an occupational accident are entitled to a workers’ compensation that serves as compensation for lost income, replacing what the employee would have earned if the injury had not happened. However, these benefits are only provided if the insurance company determines that the employer’s negligence caused the injury. If the injury happens outside the scope of work, they may refuse to pay benefits.
How to Calculate Temporary Disability Benefits
Temporary disability benefits—two-thirds of the Average Weekly Wage (AWW) as temporary complete disability compensation—are entitled to employees or workers unable to work due to a work-related injury or illness. The following is how an Average Weekly Wage (AWW) is calculated based on the employment situation:
- If an employee works for more than 30 hours five days a week, the average weekly salary will be the sum of their daily earnings multiplied by the number of days worked each week.
- Employees paid on commission or earning varying sums each week can average the weekly earnings over a period of time, such as one year.
- None of the above: an employer or organization may determine another method to get a fair idea of an employee’s weekly wage.
Temporary Disability Benefits in Illinois
If you cannot work while recovering from a work-related injury, or if your employer cannot assign you with modified work that accommodates your physical limitations, you may be eligible for temporary disability (TD) benefits in Illinois. However, remember that your TD benefits will continue until your doctor determines that your condition has improved (known as “maximum medical improvement,” or MMI).
Two-thirds of your average weekly wage before the injury will be deducted from your TD benefits up to a maximum that changes every six months. The highest possible amount for the first six months of 2022 is $1,734.83. (You can see the minimum to maximum amounts of Temporary Disability (TD) and other benefits on the Illinois Benefit Rates Table)
Limitations
Workers’ compensation only compensates for a fraction of the lost earnings without covering any costs associated with the pain and suffering caused by the injury. This may seem unjust; nonetheless, it is a necessary aspect of the trade-off: the “workers’ compensation system.” However, you may be allowed to bring the case outside the workers’ compensation system under some restricted circumstances.
How to Apply for Temporary Disability
Workers’ compensation is an insurance program funded by employers in Illinois and other states that provides benefits to workers who cannot work due to an injury or sickness sustained on the job—covering the cost of medical treatment and a part of lost income. If you have a temporary disability, the following are important steps that you need to take to ensure that your rights to workers’ compensation payments are protected.
- Review your eligibility for claiming compensation for temporary disability.
- Ask your employer for a copy of the disability benefits claim form.
- Provide all the necessary details in the prescribed format.
- Ask the employer to complete “their” section of the form.
- Get validation from the doctor and ask them to sign the form.
- Submit the form and wait for approval or denial.
If the Claim Adjuster Believes You Should Return To Work…
Your employer’s insurance company may request an independent medical exam (IME) or similar evaluation by another doctor who will be neutral in their opinion if the claims adjuster believes you should be able to return to work (at least in theory). The solution? You can request a hearing before the workers’ compensation board in your jurisdiction. However, if you didn’t appear for an IME, your compensation will be terminated without a hearing.
How Soon Can You Get Temporary Disability Compensation?
According to the Illinois State Regulations, to be eligible for Temporary Disability (TD) benefits, you must be out of work for a certain amount of time (typically three to seven days) before receiving these benefits. For longer periods (typically 14 or 21 days), you will be eligible for payments beginning at the time of your first disability.
Contact Win Injury Network to File a Claim
With years of experience in the industry, we at Win Injury Network understand how complicated the legal process can be. Employers and insurance companies often dismiss genuine workers’ compensation claims and go to great lengths to reduce their exposure to legal responsibility. Therefore, having knowledgeable and experienced workers’ compensation lawyers from Win Injury Network on your side can make all the difference.