How does workers’ comp pay or Temporary Total Disability (TTD) pay work in Illinois?
Workers’ comp TTD in Illinois should be equal to 2/3 or 66.6 % of your gross average weekly wage (gross meaning before taxes are taken out of your wage.)
If you work overtime, and if it is mandatory overtime, then that should be included in your TTD. (If it is “voluntary” overtime, then it should not be included, by Illinois work comp law.) It is complicated because if you do not always work the same amount of “mandatory” overtime, then the only way to properly calculate this amount would be to check your wage records going back one year from the date of your work accident. That one-year period is how Illinois workers’ comp TTD is calculated under the Illinois Workers’ Compensation Act.
If you normally receive your pay weekly, then your TTD checks should be weekly TTD checks. If you normally receive your pay bi-weekly, then by law, the insurance company only has to pay your TTD checks bi-weekly, and not before that. This of course also applies to other payment method timelines. By law, they only have to pay your TTD at the same time frequency that you would normally receive your regular pay from your employer.
As always, know this: If you do not have a workers’ comp attorney on your case on your side, then the insurance company can fail to properly calculate your wage, because they know that you do not have an attorney to take them to court to correct it. Sometimes, they simply fail to calculate your TTD rate correctly due to simple error by an insurance adjuster who does not properly calculate your wages – possibly even by “an honest mistake” – but that should not matter to you. What matters is this: If you don’t have a lawyer, they may not pay you the proper TTD pay. From my 47 years of experience, this happens all of the time. If you would like a free private talk about workers’ comp laws in Illinois or about your specific Illinois work injury, I am one option for you. Call Chicago workers’ comp and personal injury attorney Peter Corti at phone # (312)-782-8372.