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Illinois Workers' Compensation Benefits: What Happens If You Work Two Jobs?

Oak Brook Workers' Compensation Lawyer

Illinois Workers' Compensation Lawyers

Workers' compensation is a system of benefits provided by law to employees who experience work-related injuries. Benefits are usually paid regardless of fault. In Illinois, The Workers' Compensation Act provides that accidents that arise out of and in the course of employment are eligible to receive workers' compensation benefits. This means the Act covers injuries that result in whole or in part from the employee's work. Additionally, in the state of Illinois an employee is covered under this Act from the moment they start their job.

In Illinois, every employer is required by law to purchase workers' compensation insurance for their employees. The state of Illinois also has an insurance compliance division comprised of investigators who work to confirm that all employers have worker's compensation insurance. If an investigator finds that an employer does not have workers' compensation insurance the company can face steep financial penalties.

What Workers' Compensation Benefits Will You Receive If You Work Two Jobs?

In some instances an injured worker will have two or more jobs, which can raise questions relating to workers' compensation benefits. It is vital to inform your employer of all of your current jobs to protect yourself should you get hurt and qualify for workers' compensation in Illinois. Typically, if you get hurt at work and your employer knew about your other job, your wages from your second job should be used in computing your average weekly wage, assuming you had to take off both jobs due to the degree of your injury. In most cases, the amount of your Temporary Total Disability (TTD) checks equals two-thirds of your average weekly wage while you are unable to work.

However, if your injury does not disable you from performing at your second job you may not be able to receive the TTD benefits. You may still be entitled to collecting TPD benefits, but if you can work at one of the jobs that is an indication that your injury did not leave you completely disabled.

Additionally, be ready to provide pay stubs, an employee earnings statement and your tax withholdings and payments in order to document your earnings from the second job. If you cannot document your claim of contemporaneous employment it will be difficult to receive the total workers' compensation benefits.

What Types of Benefits Are Provided By Illinois Workers' Compensation?

Employers are required by law to cover all costs of medical care that are sensibly necessary to cure or alleviate the employee of the effect of their injury. This would include but is not limited to: emergency care, hospital care, doctor visits, surgeries, physical therapy, pharmaceuticals and any prosthetic devices or necessary medical appliances. Under the provisions of the Illinois Workers' Compensation Act there are several different types of benefits that apply to injured workers.

Temporary Total Disability (TTD) Benefits

Temporary Total Disability (TTD) benefits are the compensation that an injured employee receives during the time in which they are temporarily unable to work as recommended by a doctor or if they are released to participate in light-duty work and the employer is unable to accommodate them. TTD benefits are calculated as two-thirds of the employee's weekly wage within the minimum and maximum limits set by the state of Illinois. The first payment of TTD benefits should be paid within 14 days of receiving notice of the injury. The employer should also pay the employee on the same weekly or monthly interval in which he or she was paid prior to the injury.

Temporary Partial Disability (TPD) Benefits

Temporary Partial Disability (TPD) benefits are also covered under the Illinois Workers' Compensation Act. These benefits may be received during the time period in which an injured employee is still recovering and participating in light-duty work on a full or part-time basis, but still earning less than he or she would earn in their pre-injury state. TPD benefits are paid until the employee has returned to his or her job on a regular basis or reached the maximum of benefits allotted by the state of Illinois.

Permanent Partial Disability (PPD) Benefits

Permanent Partial Disability (PPD) benefits are for employees who are injured with the result of a partial loss of a part of the body, a complete or partial loss of use of a part of the body or the partial loss of use of the body as a whole. PPD benefits are calculated four different ways dependent upon the individual circumstances of the employee and his or her injury.

Permanent Total Disability (PTD) Benefits

Permanent Total Disability (PTD) benefits are for employees who have permanent and complete loss of use of both hands, both arms, both feet, or any two body parts. PTD benefits also cover individuals who have a disability that renders them permanently unable to do any kind of work in which there is an available and stable employment market. Any individual who is declared permanently and completely disabled is entitled to weekly benefits of two-thirds of his or her weekly average wage in accordance with the minimum and maximum limits for Illinois throughout the remainder of their life.

Death & Survivor Benefits

If a work related accident or injury results in death, survivorship benefits do apply. If death due to a work accident or injury occurred before February 1, 2006 the benefit to the survivor was $4,200 to help cover burial costs and funeral arrangements. After February 1, 2006 the benefit amount increased to $8,000 for the surviving party.

The Illinois Workers' Compensation Act also outlines vocational rehabilitation benefits, which apply to job search counseling and vocational retraining and education.

How Do You Receive Workers' Compensation if You Are Injured on the Job?

The Illinois Workers' Compensation Act provides that employees should try to inform their employer as soon as possible if they are injured at work. But, all injury reports must be given to the employer no later than 45 days after the work related accident or injury. It should be noted that any delay in injury notice to an employer would delay the payment of benefits.

If you are unsure whether or not you are entitled to workers' compensation benefits in Illinois contact the Law Offices of Francis J. Discipio for a consultation. Our experienced personal injury attorneys will help you determine what rights you have. We assist clients throughout Cook County and the greater Chicago area. Call 630-574-2288 or fill out the online contact form to schedule a free initial consultation today.

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