Legal Question in Workers Comp in Illinois
worker comp
I am on workman comp from a injury and surgery, I want to know if they are to pay me my hourly wage when I leave work (modified duty) to go to their doctor or therapy visits? They have not not and told me it was on my own PTO time.
1 Answer from Attorneys
Re: worker comp
Not exactly - while on "modified" duty you need to earn the same as you did when you worked full duty.
Now "same as you did full duty" is not your "average weekly wage".
It is the amount you would have made that week, had the accident not happened.
If you do not earn the same as before the accident, then you are entitled to TPD.
TPD is determined by taking the amount you "would have made" - and subtracting the NET that you actually took home on modified duty.
You then take that sum and multiply it by 2/3rds - that is the TPD benefit the insurance company must pay.
Let me know if you need help with your specific calculation.
Matt Belcher
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