Temporary Disability
At Spiros Law, our Champaign attorneys know that suffering any type of workplace injury can be a difficult experience to recover from, but in those situations in which the injury results in disability for any length of time, the effects can be dramatically more debilitating. Even a relatively short temporary disability can cause a worker to face significant life changes and lose substantial amounts of income, in addition to the costs of medical treatment that may be necessary to cope with the injury.
Fortunately, workers’ compensation benefits can help to ease these burdens for workers suffering from temporary disabilities. However, many insurance companies seek to avoid paying the benefits owed to workers through any means possible. In these circumstances, legal action may be necessary to get workers the financial support they deserve.
Types of Temporary Disability
Workplace injuries can cause different types of temporary disability. You may qualify for:
Temporary Total Disability (TTD)
What It Means for You: Your doctor has instructed that you must stay completely off work. You cannot perform any duties for your employer.
How Benefits Are Calculated: You receive 66 2/3 percent of your average weekly wage, the maximum rate allowed by law.
Temporary Partial Disability (TPD)
What It Means for You: Your doctor has cleared you for light duty or modified work, but your earnings are lower than before your injury.
How Benefits Are Calculated: Benefits cover the difference between your pre-injury wages and your current post-injury earnings.
How Long Do Temporary Benefits Last? The MMI Deadline
Temporary benefits continue until you reach Maximum Medical Improvement (MMI).
What is MMI? MMI is the point when your doctor determines your condition has stabilized and further recovery is unlikely.
What happens next? Once you reach MMI, your TTD benefits stop. If you have lasting limitations, your case may shift to a claim for Permanent Partial Disability (PPD) benefits.
Insurance companies often try to save money by declaring that you have reached MMI prematurely. If your weekly checks stop unexpectedly, you need legal help immediately to challenge the decision and protect your income.
Contact a Temporary Disability Lawyer in Champaign
As the victim of a temporary disability caused by a workplace injury, you might be owed workers’ compensation benefits. Talk with an attorney from Spiros Law, P.C. about how our team can help you get the benefits you need by calling 217-328-2828. We can help you better understand your situation and legal options.
How Long Do “Temporary” Benefits Last? The MMI Deadline
Your workers’ compensation benefits are called temporary because they only continue until you reach a stage known as Maximum Medical Improvement (MMI).
What is MMI? It’s the point when your doctor decides your condition has stabilized and further recovery isn’t expected.
What happens then? Once you reach MMI, your Temporary Total Disability (TTD) benefits stop. If you’re left with lasting physical limitations, your case may move into a claim for Permanent Partial Disability (PPD)benefits.
Warning: Insurance companies often try to cut off benefits early by declaring you’ve reached MMI—even when your doctor disagrees. If your weekly checks suddenly stop, don’t wait. You need legal help right away to fight back and protect your income.
Frequently Asked Questions About Temporary Disability in Illinois
When do TTD benefits start, and do I get paid for the first few days?
In Illinois, Temporary Total Disability (TTD) benefits begin on your fourth full day off work. If you are off work for 14 days or more, you are entitled to retroactive pay for the first three days. Many employers fail to pay this automatically, so it’s important to review your payments carefully.
What happens if my employer offers a light-duty job?
If your doctor says you can work under light-duty restrictions and your employer provides a suitable job, Illinois law usually requires you to accept it. Refusing a proper light-duty position can lead the insurance company to stop your TTD benefits. If no suitable light-duty work is available, your TTD payments must continue.
Can I choose my own doctor?
Yes. Illinois workers’ compensation law lets you pick two treating doctors, plus any specialists they refer you to, all at the employer’s expense. This is crucial because your doctor decides when you reach Maximum Medical Improvement (MMI), which is the point at which temporary benefits stop. Having a doctor focused on your recovery—not the insurer’s bottom line—can prevent premature benefit termination.
How long do temporary benefits last?
Temporary benefits continue until your doctor determines you have reached Maximum Medical Improvement (MMI). After that, if you still have permanent restrictions, your case may shift to Permanent Partial Disability (PPD) benefits.
How much will I get paid?
TTD (Temporary Total Disability): Generally two-thirds (66 2/3%) of your average weekly wage, tax-free.
TPD (Temporary Partial Disability): If you can work light duty but earn less than before, benefits cover the difference between your pre-injury and post-injury wages.
Insurance companies often miscalculate these amounts or exclude bonuses/overtime, so it’s important to have your wages reviewed.
Do I have to report my injury quickly?
Yes. In Illinois, you usually have 45 days from the accident to notify your employer. Missing this deadline is one of the easiest ways for an insurer to deny your claim. For injuries diagnosed later, like repetitive trauma, the rules are more complicated, so contact a lawyer immediately.
What should I do if my benefits are stopped or reduced?
Insurance companies sometimes try to save money by prematurely declaring MMI. If your weekly checks are stopped or lowered, you need legal help immediately to challenge the decision and protect your income.
Contact Us 24/7
Processing a claim can be a lot to manage, but it’s ok. We can help!
Offering a free case evaluation, our Spiros Law is available to assist you with three offices—Kankakee, Danville and Champaign, IL. we have a team near you ready to help. Don’t wait—complete our online form, chat live, or call our offices 24/7 by message and we will work for you to get results!
