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Workers' Compensation Advice / Illinois Temporary Total Disability

The following legal advice is not intended to be a complete review of your rights under the Illinois Workers' Compensation Act. You should consult the LAW OFFICES OF PETER F. FERRACUTI, P.C., if you intent to file a claim under the Illinois Workers' Compensation Act. Legislative changes may occur after this printing which could affect your rights.

Consultation with the LAW OFFICES OF PETER F. FERRACUTI is free.
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1. An employee with a work-related injury or occupational disease is entitled to three basic benefits under the Illinois Workers' Compensation Act and the Occupational Disease Act, as follows:

a. Payment of all necessary medical, surgical and hospital services for the treatment of the work-related injury or occupational disease, including vocational rehabilitation where appropriate.
b. Compensation while the injured employee is being treated for the work-related injury or disease known as Temporary Total Disability Compensation benefits, and
c. Compensation for any permanent injury or other disabilities, and also including death, arising under either act.

2. Following a work-related injury or disease, report or give notice immediately of the time, place and brief description of the accident to your immediate supervisor, foreman, employer or person in charge, but not later than 45 days following the date of the accident, or within a reasonable time following the date of the accident, or within a reasonable time following the discovery of the injury. In the case of Occupational Diseases, the injured worker must notify the employer as soon as practical after becoming aware of the condition. An exception involves injuries resulting from radiological exposure, as to which the injured worker must notify the employer within 90 days after knowledge of having received an excessive dose of radiation.

3. Basically, an injured worker must file a claim for benefits with the Workers'Compensation Commission not later than three years after the accidental injury, or date of disablement from an occupational disease, or within two years following the last payment of compensation, whichever is later.

Special time limits apply in the event of death caused by injury or Occupational Disease. Check the Information Handbook published by the Illinois Worker's Compensation Commmission. Unless a claim is filed with the Workers' Compensation Commission within the required time as stated, you will be barred from claiming benefits under the Workers' Compensation Act of Illinois. Generally, receiving medical treatment benefits, or merely being off work, without weekly compensation, does not extend the time for filing a claim, though there are exceptions.

4. Temporary Total Disability Compensation is fixed at 66 2/3 percent of the employee's gross average weekly wage for the number of weeks worked during the 12 months before the injury, subject to certain fixed minimums and maximums found in the Information Handbook. No compensation is payable for the first three working days unless the lost time continues for 14 or more calendar days. 5. An injured worker is entitled to two choices of doctors in the treatment of a work-related injury or disease. Also, the employer or insurance company must pay for any doctors or hospitals to whom the injured worker is sent or referred by his own two choices of doctors. Emergency room and first aid care are not considered a choice of doctor by the injured worker.

The LAW OFFICES OF PETER F. FERRACUTI employs approximately 35 persons, including a staff of 7 lawyers with emphasis in Civil Personal Injury and Workers’ Compensation litigation. Attorney Peter F. Ferracuti is certified to practice before the United States Supreme Court, as well as in all of the major courts in the Northern District of Illinois and several other Federal courts. His law office practice involves him in all the major counties in Illinois, including Cook County.