Temporary Total Disability (TTD) Benefits

Temporary total disability (TTD) benefits are paid to the injured employee who must lose time from work to recover from a work-related injury or disease. The employee is entitled to collect TTD benefits until able to return to work that is reasonably available to him or her.

1. When are TTD benefits paid?

TTD benefits are generally paid at the same interval the employee was paid before the injury or exposure. It may take up to 14 days from the time the employer receives notice of the injury or disease before payments begin.

TTD benefits are not paid for the first three work days lost after an injury or exposure, unless the disability continues for 14 or more calendar days.

If an employer stops or withholds payment of TTD benefits before the employee has returned to work, the employer must give the employee a written explanation for this action no later than the date of the last TTD payment. Failure to provide this notice may result in assessment of penalties against the employer, as well as an order to pay the employee's attorney fees. If an employer unreasonably delays payment or fails to pay TTD, the employer may be required to pay a penalty to the employee.

2. How is the amount of TTD benefits determined?

The benefit is two-thirds (66 2/ 3%) of the employee's gross average weekly wage, subject to certain limits. The average is based on the employee's wages during the year before the injury or exposure. The rate is fixed at the time of injury, and does not change with changes in the employee's salary or the statewide average weekly wage.

If an employee was working for two or more employers at the time of injury, the TTD rate may be based on the combined gross income from all jobs. This will only apply if the employer for whom he or she was working at the time of the accident or disease had prior knowledge that the employee was working at another job.

If the employee had worked for the employer for only a short time or on a casual basis, it may be appropriate to consider what another person in the job with the same employer would have earned during the previous year.

Under the Workers' Compensation Act, overtime pay is generally not included in the calculation of the average weekly wage. Overtime pay is included, however, under the Workers' Occupational Diseases Act.

TTD benefits for volunteer fire fighters, police and civil defense members or trainees are based on the gross average weekly wage earned in their regular employment if the claim arises under the Workers' Compensation Act.

3. What is the minimum TTD benefit?

The minimum payment is the gross average weekly wage earned by the employee in the year before the injury or exposure, or the following amounts, whichever is lower.

Single Person                              $100.90/ week
Married, no children                    $105.50/ week
One child                                     $108.30/ week
Two children                                $113.40/ week
Three children                             $117.40/ week 
Four or more children                  $124.30/ week

4. What is the maximum TTD benefit?

The maximum TTD benefit can be no more than 133 1/ 3% of the statewide average weekly wage on the date of the injury or last exposure

.

5. How do I find what the statewide average weekly wage was on the date of an injury or exposure?

The statewide average weekly wage is the average pay earned by all employees, in all occupations, in Illinois. It should be distinguished from the gross average weekly wage, which is the amount an individual earned during the time preceding the injury or last exposure. The Illinois Department of Employment Security publishes the amount of the wage twice each year. You may call the Industrial Commission for this information