Granite City, IL asked in Employment Law and Workers' Compensation for Illinois

Q: My husband is having a surgery soon that Workmans comp approved, however we have heard nothing about TTD pay?

I'm under the impression that they have to pay him throughout his recovery. Is that right?

2 Lawyer Answers
Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
Answered
  • Chicago, IL
  • Licensed in Illinois

A: You are referring to TTD or temporary total disability payments while your husband is temporarily impaired from performing his tasks due to his employment related injury. Under Illinois law, TTD provides for two-thirds of the employees average weekly wage when a physician deems him or her unable to perform their job-related tasks. If the insurance company is not making these TTD payments, I would contact the adjuster and ask why they are not being made. In some situations, the insurance company may not have confirmation from the treating physician and in others, they may be disputing the employee's inability to work. If you have an attorney, they can petition the commission to get the TTD benefits reinstated as well as past benefits that are unpaid.

Steve McCann
Steve McCann
Answered
  • Chicago, IL
  • Licensed in Illinois

A: It is likely that they will have to pay him TTD throughout his recovery. Assuming your husband is not represented by an attorney, I would highly recommend hiring one immediately. A knowledgeable attorney will assist you and your husband throughout the entire recovery process, and will get you the maximum recovery possible. Also, attorney's do not even take a percentage of the TTD unless it is disputed, and are almost guaranteed to get you more money than the 20% fee they take. All the while, you and your husband will not have to worry about the adjusters taking you seriously and making the right decisions, so you and your husband can focus strictly on his recovery.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.