What to Do if You’re Denied TTD Benefits

If your job leaves you with a serious injury or illness that renders you unable to continue working, the financial consequences can be devastating. Such circumstances can be life-altering, and seeking the benefits to which you are entitled will play a critical role in your journey forward. If disability benefits have been denied, the matter is that much more serious, and you should not delay reaching out for the skilled legal guidance of an experienced Southern Illinois Workers’ compensation attorney

Understanding Temporary Total Disability Benefits

Disability benefits in relation to workers’ compensation claims come in different forms that are based on the circumstances involved. Having a better understanding of fair compensation can help you better protect your rights moving forward.

Temporary Total Disability Benefits

If you have been injured on the job or have suffered a job-related illness that prevents you from working or that leads to work restrictions that your employer can’t accommodate, it’s considered a temporary total disability, and temporary total disability (TTD) benefits should apply. Proving that you’ve suffered a TTD will likely hinge on your medical records as well as your doctor’s opinion on the matter.

Disability benefits of all kinds are often denied in response to inadequate medical evidence, which makes this information a primary component of every workers’ compensation claim. Because TTD benefits are classified as compensation for work-related injuries rather than as income, they are not subject to either state or federal income taxes, and the same holds true for other forms of work-related disability benefits.

TTD benefits are set at a specific percentage of your current earnings, and they don’t apply until your injury keeps you off the job for at least three days. Your benefits will kick in on the fourth day, and they aren’t due until you have missed a total of 14 calendar days.

Temporary Partial Disability Benefits

If your work-related injury or illness leaves you unable to perform the normal duties associated with your position, but you are able to work on a part-time basis or can return to work on light duty, temporary partial disability benefits may be an option. This category of benefit is calculated as a percentage of the difference in earning power that you experience – in relation to your current and prior earnings.

Construction workers face many risk factors in the course of their work, and their workers’ compensation claims tend to be large and complex.

Permanent Total Disability Benefits

A permanent total disability is one that prevents you from ever working again. Your doctor will carefully assess your condition and will ultimately determine the point at which you reach your maximum medical improvement (MMI). This means that – according to the doctor’s professional opinion – your condition has improved to the degree possible – with the available treatment options. If you are unable to work at all, have lost the use of your eyes, or have lost the use of your extremities, permanent total disability benefits, which stay in effect for life, apply.

Permanent Partial Disability Benefits

If the injury or illness you sustained on the job caused you to experience one of the following, you are entitled to permanent partial disability benefits:

There are multiple types of permanent partial disability benefits in Illinois, including:

Disfigurement Benefits – Disfigurement benefits are designed to compensate employees who suffer a visible and disfiguring work-related injury. This benefit is calculated at a specific percentage of current wages, and payments extend for up to 162 weeks.
Scheduled Loss-of-Use Awards – If you lose the use of your eyes, ears, or extremities as a result of a work-related injury, scheduled loss-of-use awards are intended to help you cope with the loss. They are also calculated at a set percentage of earnings and are paid for a specific number of weeks.
Wage Differential Benefits – Wage differential benefits are intended to compensate injured employees who return to work but are unable to earn as much as they did prior to sustaining an injury or illness on the job. This benefit is calculated as a percentage of the earning differential the employee experiences.

If Your Workers’ Compensation Claim Is Denied

If your disability claim has been denied, it’s time to take action. While you have legal rights and options, time is of the essence. The appeal process can go through four distinct stages, but most appeals are resolved after a first or second action. Consider the following:

If the workers’ compensation insurance denies your claim, you can take your case to an arbitrator who is appointed by the Illinois Workers’ Compensation Commission (IWCC).
If you don’t prevail at this juncture, you can make your appeal to a panel of three IWCC commissioners.
If your disability benefits claim is again denied, you can address the matter with the appropriate Illinois court.

Look to an Experienced Southern Illinois Workers’ Compensation Attorney for the Help You Need

If your workers’ compensation case has been denied, the practiced workers’ compensation attorneys at Bonifield & Rosenstengel, P.C. – serving Southern and Central Illinois – have a solid reputation for guiding challenging claims like yours toward advantageous resolutions that support our clients’ fullest recoveries. We are on your side and here to help, so please don’t put off reaching out and contacting or calling us at 1-618-277-7740 for more information about what we can do to help you today.