Q: Last year I broke my arm on the job before the new law was passed. Would my weekly benefits for lost wages be higher now?
Attorney Wayne Newman (As published in The Herald News, Ask an Attorney)
The general answer to your question is no, however there are exceptions. Weekly benefits for lost wages, also known as Temporary Total Disability benefits (TTD), are still equal to 66-2/3% of the employee’s average weekly wage. These weekly benefits are subject to minimum and maximum rates. This is the same calculation used both before and after the new law was enacted.
One notable exception is that the minimum rate has been increased under the new law. This rate is based on 66-2/3% on the federal or state minimum wage, whichever is higher, multiplied by 40 hours. The percentages are increased by 10% for each spouse and child. Consequently, a single individual would qualify for the current minimum weekly TTD rate of $173.32. (The old minimum TTD rate was $100.90.) The new rate is derived by multiplying $6.50 (Illinois’ current minimum wage) X 40 hours = $260.00 X 66-2/3% = $173.32. These weekly benefits cannot exceed the individual’s average weekly wage.
Another new weekly benefit has been created under the new law. This new weekly benefit is Temporary Partial Disability (TPD). This new provision states, in effect, that when an individual is working light duty, either on a part-time basis or at a lower wage, he/she is entitled to TPD benefits. These benefits are equal to two-thirds of the difference between the average amount the employee would be able to earn in the full performance of the job he/she was engaged in at the time of the injury and the net amount he/she is earning in the modified job.
Another important change under the new law effects individuals who suffer injuries that permanently prevent them from pursuing their usual and customary line of employment, and as a result, suffer a reduction in their earning ability. The maximum limits on weekly benefits paid to these individuals have been increased significantly.
While the new laws are designed to more fairly provide for the financial needs of workers injured on the job, those who have been seriously injured are encouraged to consult with an experienced Workers’ Compensation attorney as soon as possible to ensure full benefit compliance, including medical treatment, lost wage compensation and more.
Merely having new and improved laws on the books does not guarantee your rights are upheld, or compensation afforded to the fullest extent of the law.
About Wayne Newman
An attorney-partner at the law firm, Horwitz, Horwitz & Associates, Wayne Newman is a frequent speaker for labor, civic and professional organizations regarding Workers’ Compensation. Wayne also provides convenient, free legal consultations at the UAW (Local 145) hall in Montgomery, Il., twice monthly, as well as once per month in Rockford.
For more information on Workers’ Compensation, Wayne’s schedule at UAW, or to submit your question for this monthly feature, visit: www.horwitzlegal.com. Wayne Newman can be also reached by calling: (312) 372-8822.
The general answer to your question is no, however there are exceptions. Weekly benefits for lost wages, also known as Temporary Total Disability benefits (TTD), are still equal to 66-2/3% of the employee’s average weekly wage. These weekly benefits are subject to minimum and maximum rates. This is the same calculation used both before and after the new law was enacted.
One notable exception is that the minimum rate has been increased under the new law. This rate is based on 66-2/3% on the federal or state minimum wage, whichever is higher, multiplied by 40 hours. The percentages are increased by 10% for each spouse and child. Consequently, a single individual would qualify for the current minimum weekly TTD rate of $173.32. (The old minimum TTD rate was $100.90.) The new rate is derived by multiplying $6.50 (Illinois’ current minimum wage) X 40 hours = $260.00 X 66-2/3% = $173.32. These weekly benefits cannot exceed the individual’s average weekly wage.
Another new weekly benefit has been created under the new law. This new weekly benefit is Temporary Partial Disability (TPD). This new provision states, in effect, that when an individual is working light duty, either on a part-time basis or at a lower wage, he/she is entitled to TPD benefits. These benefits are equal to two-thirds of the difference between the average amount the employee would be able to earn in the full performance of the job he/she was engaged in at the time of the injury and the net amount he/she is earning in the modified job.
Another important change under the new law effects individuals who suffer injuries that permanently prevent them from pursuing their usual and customary line of employment, and as a result, suffer a reduction in their earning ability. The maximum limits on weekly benefits paid to these individuals have been increased significantly.
While the new laws are designed to more fairly provide for the financial needs of workers injured on the job, those who have been seriously injured are encouraged to consult with an experienced Workers’ Compensation attorney as soon as possible to ensure full benefit compliance, including medical treatment, lost wage compensation and more.
Merely having new and improved laws on the books does not guarantee your rights are upheld, or compensation afforded to the fullest extent of the law.
About Wayne Newman
An attorney-partner at the law firm, Horwitz, Horwitz & Associates, Wayne Newman is a frequent speaker for labor, civic and professional organizations regarding Workers’ Compensation. Wayne also provides convenient, free legal consultations at the UAW (Local 145) hall in Montgomery, Il., twice monthly, as well as once per month in Rockford.
For more information on Workers’ Compensation, Wayne’s schedule at UAW, or to submit your question for this monthly feature, visit: www.horwitzlegal.com. Wayne Newman can be also reached by calling: (312) 372-8822.