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If you sustain a work related injury that falls under the Illinois Workers Compensation Act and either can not work or have work restrictions that your employer can not accommodate, you are likely entitled to temporary total disability benefits (TTD).

The best way to prove that you have work restrictions is through your treating doctor. In other words, your belief that you can not work is not nearly as important as the opinion your doctor has about your ability to work.

If you show an entitlement to TTD benefits you are entitled to 2/3 of your average weekly wage for the 52 weeks prior to your injury (or parts thereof). Sometimes this can be a complex calculation that is best done by a lawyer who has experience with workers compensation cases, sometimes it is straight forward.

There are both minimum and maximum TTD payment rates depending on when you were injured. As of January 15, 2007, the maximum TTD rate is $1,148.51. So if you normally make $2,000.00 you would not receive 2/3 of your actual average weekly wage. The maximum rates increase every six months to a year so it is important to check with an attorney if you have questions about this issue.

TTD benefits are not owed by an employer until a worker has been unable to work for more than three working days. Benefits begin on the 4th working day and the first three days are not due until a worker has missed a total of 14 calendar days.

Benefit checks should arrive no more than every two weeks. It is the responsibility of the injured worker to keep his employer or their insurance company up to date on the current medical restrictions as provided by the treating physician. However, as long as eligibility for TTD benefits is met, in Illinois there is no time limit as to the amount of time that TTD benefits can be received.

In Illinois TTD benefits are considered compensation for an injury and not income so they are not subject to state or federal taxes. An injured worker in Illinois can receive social security benefits and TTD benefits at the same time, but pay not receive wages or long and short term disability while receiving TTD payments.

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