Legal Question in Workers Comp in Illinois

Work Comp

I was injured in September & had to have surgery. I missed several days of work & was on light duty. I rarely was able to work 8 hours because of the pain. When I was going to get released, they found my other finger needed a pin put in. I then missed 4 or 5 days of work. Work Comp is not paying me for my missed days of work. They say you have to miss 14 days before payment starts? Why should I not get paid for missed work. I had surgery twice & they won't pay me for my missed days.


Asked on 1/19/09, 4:07 pm

3 Answers from Attorneys

John Wunsch Law Offices John C. Wunsch, P.C.

Re: Work Comp

Dear Sirs:

Your lost wages are clearly compensable including the days you lost which the carrier is refusing to pay.

Please contact our office to discuss the various ways you have in which to compel payment of these lost wages.

Many thanks,

John C. Wunsch, P.C.

[email protected]

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Answered on 1/19/09, 4:28 pm
Matt Belcher Belcher Law Office

Re: Work Comp

It sounds confusing so please call and I will try to explain it to you -

The rule is:

Employees who lose time from work in order to

recover from a work injury are entitled to receive weekly "wage" payments until they are able to return to work.

The payments are equal to 2/3rds (66.67%) of your average weekly earnings (from the year before the accident).

HOWEVER - No compensation is payable for the first three working days, UNLESS the lost time continues for 14 or more calendar days from the date of injury.

BUT - if you have been on light duty you are entitled to "PTD".

When an injured worker is working light duty on a part-time basis OR full time basis AND earns less than before the accident - then you get "TPD" or temporary partial disability benefits.

Temporary partial disability benefits equal 2/3rds of the difference between the average weekly wage if the accident didn't happen MINUS the NET (not gross) amount which you earn on light duty.

As I stated earlier - it is a little easier to explain over the phone, so call me with any questions.

Thanks and good luck,

Matt Belcher

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Answered on 1/19/09, 4:35 pm
Mike Helfand IllinoisLawyers.com

Re: Work Comp

You don't have to miss 14 days. We can likely get you paid ASAP. If you want our help call us at 800-

517-

1614. We have a statewide network of work comp lawyers.

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Answered on 1/20/09, 11:48 am


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