Legal Question in Workers Comp in Illinois
ttd benifits cut off
My history. I was hit by a snow truck at work while working on it 18 months ago. The damage was to my left leg I had 4 cartilage tears of the meniscus, part of my knee cap was broken off, part of my femur was broken of,the ACL-MCL, received 3rd degree sprains, the PCL and LCL received 2nd degree sprains. I have been in rehab for the last 18 months had two surgeries to repair the knee including the last one a partial knee replacement. I went through work hardening therapy and at the end of that took a work capacity test. The test showed that I was ready to go back to work with some limits to kneeling and crawling.(0 to 2 1/2 hours) Pending doctors approval. I reported to work to take a drug test and was told that it would be 2-3 days. During that time I went to my doctors for a regular visit and for him to read the report. He agreed with the report but set a very specific restriction on kneeling to 5 min every two hours and no more then 20 min a day. The report was faxed to my work and when I got home there was a message that they will nor let me return with his restrictions and also that since I can't work that they are going to cut my workers comp. Is this legal? I was not declared MMI yet and I live in Illinois
3 Answers from Attorneys
Re: ttd benifits cut off
From what you say, it sounds like something fishy is going on. So long as you are under the care of the doctor and are placed on restrictions, you are under the worker's compensation regardless of what your employer says.
Do yourself a huge favor and talk to an attorney. People without attorneys, regularly get the shaft because they don't know better. No one is on your side and no one will fight for you but your attorney.
If you need more guidance or help in finding an attorney, I'll be happy to help you out.
Nima Taradji
Re: ttd benifits cut off
If you are not at MMI and your employer cannot find work for you WITHIN the restrictions, then the insurance company MUST pay you TTD until work is found or you are returned to work full-duty.
It is just that simple.
If the insurance company does not pay you, then a lawyer can have the Commission imposed daily penalties and attorney's fees.
Sometimes it takes 2 weeks for your TTD benefits to restart due to communication and technical issues but if it takes longer call me and I'll tell you what to do next.
Good luck,
Matt Belcher
Re: ttd benifits cut off
You have a very serious injury and need assistance immediately if the insurance company continues to fail to pay you while your still off from your injury.
I recenlty represented a client whom had two knee surgeries to repair meniscal tears and ultimatlley a third surgery - a total knee replacement. I do understand your situation and have handled many such claims.
I hightly recommend you consult with an attorney for many reasons - the most important of which right now is to ensure you continue receiving your workers' compensation checks while your off work and your employer fails to accomodate your restrictions.
I'm happy to assist - feel free to call if you need anything, even just some advice.
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