970 McHenry Avenue, Crystal Lake, IL 60014
Search
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn

Accommodating Work Restrictions After Injury

Posted on in Workers' Compensation

Accommodating Work Restrictions After InjuryAfter suffering a work-related injury, it is possible to return to work during your recovery with certain medical restrictions. If continuing your work under these conditions is not possible, you can file for Temporary Total Disability benefits through the Illinois Workers’ Compensation Act. While TTD compensates you when you cannot work during your recovery, there is an advantage to continuing to work in a limited capacity. TTD benefits are limited to two-thirds of your gross average weekly wage for the past 52 weeks. Working while under medical restrictions requires cooperation between yourself and your employer.

Diagnosis

Your employer will not take your injury-related work restrictions seriously unless they are from a medical professional. Your doctor can best determine how your injuries may limit your ability to perform certain tasks, including:

  • Lifting items;
  • Operating heavy machinery;
  • Using certain body parts in a repetitive fashion; or
  • Standing or sitting for prolonged periods.

It is important to ask your doctor for continued updates on your work restrictions to know whether you are improving or may need additional restrictions. You should notify your doctor if you are struggling with certain work tasks because it may be an indication of further limitations caused by your injury.

Unable to Comply

After you give your employer a list of your work restrictions, your employer must attempt to accommodate you within your current job duties or find a different job you can perform. In turn, you must cooperate with your employer’s attempts to accommodate you by trying to perform the duties given to you. However, you may be unable to continue working while under medical restrictions if:

  • Your health still prevents you from performing your assigned job duties;
  • Your employer does not have a position that can accommodate your work restrictions; or
  • You are unqualified to perform the job duties that accommodate your limitations.

Your employer cannot fire you because of your injury-related work restrictions. You can instead request TTD benefits or vocational training to expand your job skills.

Fighting for Disability Pay

Your employer and its insurer may try to deny your TTD benefits. Insurers often use their own doctors to examine you, who may reach a diagnosis that suggests that your injuries should not prevent you from performing your job requirements. You can combat this by openly communicating with your employer about updates in your physical status and explaining how your injuries are limiting you. A McHenry County workers’ compensation attorney at Botto Gilbert Lancaster, PC, can represent you in obtaining TTD benefits. To schedule a free consultation, call 815-338-3838.

Source:

https://www.illinoislegalaid.org/legal-information/temporary-total-disability-ttd-benefits

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top