Legal Question in Workers Comp in Illinois

Re: Workers Comp

If you have been removed from work due to a work-related injury then you are entitled to be paid for that time off work at a rate of 66% of your average weekly wage.

Whether that time is a "vacation" day or a "sick" day depends on your company policy and benefits.

There is no law that requires companies to provide vacation or sick days - however, if you are discriminated against because of a compensable work injury then you may have a different kind of case against your employer.

The Workers' Compensation Act does not provide for such benefits and thus does not address the issue. The Act's basic concern is that you are paid for your time off.

When you are off work due to a compensable injury, you are paid Temporary Total Disability or "TTD".

TTD is not paid for the first three lost work days, unless the

you miss 14 or more calendar days due to the injury then you are reimbursed for those first three days.

Your employer should make the first TTD payment within 14 days after receiving notice of the injury.

Family and Medical Leave Act "FMLA" is a federal program that is administered by the U.S. Department of Labor and it has nothing to do with Workers Compensation but rather is an independent benefit for individuals temporarily unable to return to their occupation.

If you are unable to work then you may be eligible for FMLA status and you may be required to "go on" FMLA leave, as FMLA does not provide an exemption for work related injuries.

Good luck,

Matt Belcher

Re: Workers Comp

If you have not spoken with an attorney, you should. Your case involves details that must be looked at and evaluated. It is nearly impossible to give you a rational answer with the information you have provided.

Taradji Law Offices