Seeking Temporary Partial Disability for Workers’ Comp

 Posted on February 28, 2024 in Workers' Compensation

If you have suffered a work-related injury or illness in Illinois that impacts your ability to work, you may be entitled to workers’ compensation benefits. These can include temporary partial disability (TPD) payments if you can work but in a reduced capacity. Determining if and when to pursue TPD can be confusing. An Illinois lawyer can help you determine when you should consider filing a TPD claim.

What is Temporary Partial Disability?

Temporary partial disability refers to when an injury or illness prevents you from earning your full wages for a limited period. For example, your income will be temporarily reduced if you normally work 40 hours per week but can now only work 15 hours due to medical restrictions.

TPD provides wage replacement to offset some of those lost earnings. The amount you receive depends on the difference between what you earned before versus after the injury or illness.

When Your Doctor Says You Can Work With Restrictions

The most common situation warranting TPD is when your treating physician releases you back to work but with medical restrictions. These could limit the activities you perform, hours worked, lifting capabilities, necessary breaks, medications taken, or other modifications.

As long as those restrictions temporarily lower your earnings, you may qualify for TPD wage supplements under workers’ comp. The insurance company cannot force you, against medical advice, to work beyond those restrictions or lose benefits.

When Transitioning Back to Full-Duty Work

Many workers' compensation claimants recover gradually, increasing work activities over time. Your doctor may incrementally lift restrictions to help transition you back to full duty.

Comparing your prior and current wages during this transitional period can get tricky. If medical restrictions, even if improving, are lowering your income, TPD can provide compensation.

When Juggling Treatment and Work

Undergoing treatments and therapy appointments for a work injury may prevent you from being as productive on the job. Time away from work for prescribed medical care can entitle you to TPD benefits.

Factors like reduced stamina, strength, mobility, concentration, etc., from injury recovery can also limit your work capacity. As long as treatment related to the work injury is still reducing your earnings, TPD can help stabilize your income.

Seeking Legal Guidance

Trying to navigate TPD eligibility on your own can quickly get overwhelming. An experienced Illinois work comp attorney can help you:

• Determine if you qualify for TPD benefits
• Calculate the accurate rate of pay owed
• Submit the necessary paperwork
• Negotiate with insurance adjusters
• Appeal wrongfully denied TPD claims

They also understand how these benefits coordinate with other income sources. Consulting a lawyer ensures you receive everything entitled to you under the Illinois Workers’ Compensation Act.

Contact a Champaign, IL Workers’ Compensation Lawyer

Having a Decatur, IL workers’ compensation attorney on your side can make a world of difference. You will know exactly what next step to take and what proof you should add to your case. Call [[title] at 888-826-8682 for a free consultation.