Legal Question in Workers Comp in Illinois

workman comp pays part time pay for full time employee

I have a friend who went on workmans comp about 6 months ago, for a work related knee injury. After keeping her out of work for 4 months, they did arthroschopic surgery, and will continue with re-hab until she can go back to work. She was being paid 60%, but then this week, got a check for much less. When she called workmans comp, she was told that they had been paying her on a full time basis (she's full time) but that after reviewing the last 52 weeks, the total calcultion was less, because of the part time status of last year. Is there anyway to get the calculation changed, because she's full time now (and has been for 10 months)?


Asked on 4/17/00, 1:55 pm

1 Answer from Attorneys
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: workman comp pays part time pay for full time employee

There are a number of ways to play with the calculations to determine an average weekly wage. That is what determines the TTD rate - the amount paid while someone is off work due to an injury and recovering. The law states the average weekly wage is "the average amount earned in the 52 weeks prior to injury excluding overtime." That is not as simple as it may seem. Sometimes we include the overtime. And sometimes we are dealing with "parts" of weeks. I can help you with this if you are in one of the five counties around Chicago. Please feel free to contact me at my toll free number at 1-877-Compjoe or visit my website at www.compjoe.com. Joe Spingola

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Answered on 4/29/00, 1:14 am


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