What Illinois Temporary Disability Is

Temporary Disability (TD) in Illinois is a workers' compensation benefit that replaces part of your wages if you cannot work because of a job-related injury or illness. It is not the same as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). TD is specifically for people who are temporarily unable to work due to an occupational injury or disease, and the expectation is that you will return to work once you recover.

The Illinois Department of Financial and Professional Regulation (IDFPR) oversees the workers' compensation system, which includes TD benefits. Your employer's workers' compensation insurance carrier handles the actual payments. TD typically covers two-thirds of your average weekly wage, up to a state-set maximum amount that changes each year.

You do not need to be a citizen or have any particular immigration status to receive TD benefits in Illinois. You do need to have been injured or become ill as a direct result of your job, and you need to report the injury to your employer within the timeframe required by law.

Key Takeaways

  • Temporary Disability in Illinois replaces part of your wages if a work-related injury or illness prevents you from working, and it is paid through your employer's workers' compensation insurance.
  • You must report your injury to your employer as soon as possible, and your employer must file a claim with their insurance carrier within a set timeframe.
  • TD benefits typically equal two-thirds of your average weekly wage, subject to a state maximum that is updated annually.
  • If your claim is denied or you disagree with the amount offered, you can request a hearing before an arbitrator at the Illinois Workers' Compensation Commission.
  • TD is temporary by design; if your condition prevents you from ever returning to work, you may eventually transition to Permanent Disability benefits instead.

How to Report a Work Injury in Illinois

Report your injury to your supervisor or manager when ready, even if it seems minor. Illinois law does not set a specific important date for reporting to your employer, but delaying can make it harder to prove the injury happened at work. The sooner you report, the sooner your employer can file a claim with their workers' compensation insurance carrier.

Your employer is required to file a Employer's Report of Injury (Form 91) with their insurance carrier within 28 days of learning about the injury. If your employer does not file, you can file the form yourself with the Illinois Workers' Compensation Commission. You can also contact the Commission's Ombudsman office for free help understanding your rights.

Keep your own written record of the injury: the date, time, location, what happened, and any witnesses. If you receive medical treatment, ask for copies of all medical records and bills. These documents will matter if your claim is later disputed.

What Temporary Disability Covers and How Much You Receive

TD benefits cover lost wages while you are unable to work due to your injury or occupational illness. The benefit is calculated as two-thirds of your average weekly wage (AWW) before the injury. Your average weekly wage is usually based on the 52 weeks of earnings when ready before the injury occurred.

Illinois sets a maximum weekly benefit amount each year. For 2024, the maximum is $1,563.50 per week, though this figure changes annually. If your calculated two-thirds benefit exceeds the maximum, you receive the maximum instead. There is also a minimum benefit, currently $168.50 per week, though you must meet other conditions to receive it.

TD benefits are typically paid every two weeks by the insurance carrier. The first payment may be delayed while the carrier investigates the claim. If you have a serious injury, the carrier may begin paying benefits before the investigation is complete, then adjust the amount later if needed.

When Temporary Disability Ends

TD benefits end when one of the following happens: you return to work, your doctor releases you to return to work, you reach maximum medical improvement (the point at which further treatment is unlikely to improve your condition), or you transition to Permanent Disability benefits.

Maximum medical improvement does not mean you are fully healed. It means your condition has stabilized and is unlikely to improve further with additional treatment. At that point, a doctor evaluates whether you have any permanent loss of function. If you do, you may be may have access to to Permanent Disability benefits instead of continuing TD.

If your employer offers you a job you can do with your injury, and you refuse without good reason, your TD benefits may stop. However, you cannot be forced to return to work before your doctor says you are ready.

Disputing a Denied or Reduced Claim

If your TD claim is denied, or if the insurance carrier offers you less than you believe you are owed, you have the right to request a hearing. The Illinois Workers' Compensation Commission holds these hearings before an arbitrator, and you do not need a lawyer to attend, though you may bring one.

To request a hearing, file a Petition for Hearing with the Commission. You can do this online through the Commission's website, by mail, or in person at one of their offices. There is no fee to file. The Commission will schedule a hearing date, usually within a few months, and notify both you and the insurance carrier.

At the hearing, you present evidence that your injury is work-related and that you are unable to work. Bring medical records, your own written account of the injury, witness statements if you have them, and any pay stubs or tax returns that show your earnings before the injury. The arbitrator will decide whether to award benefits and in what amount.

Getting Help from the Illinois Workers' Compensation Commission

The Illinois Workers' Compensation Commission has an Ombudsman office that provides free information and information to injured workers. The Ombudsman can explain your rights, help you understand what documents you need, and answer questions about the claims process. They do not represent you in a hearing, but they can point you toward resources and legal aid if you need representation.

You can reach the Ombudsman by phone, email, or by visiting an office in person. Contact information is available on the Commission's website. If you cannot afford a lawyer, the Commission's website also lists legal aid organizations that may help workers' compensation cases.

Many workers also hire a private workers' compensation attorney. Attorneys in Illinois workers' compensation cases are paid from your benefit award, not by you upfront, so cost is not a barrier if you choose to hire one. The Commission's website has a list of attorneys who handle these cases.

Temporary Disability Versus Other Disability Programs

Illinois Temporary Disability is different from SSDI and SSI, which are federal programs run by the Social Security Administration. TD is for work-related injuries only and is temporary by design. SSDI and SSI are for people with disabilities that are expected to last at least 12 months or result in death, and they are not limited to work-related causes.

You can receive both TD and SSDI at the same time, though SSDI benefits may be reduced if you are also receiving workers' compensation. If you are receiving TD and your condition becomes permanent, you may transition to Permanent Disability benefits under the workers' compensation system, or you may also pursue SSDI if you meet Social Security's definition of disability.

If you are unsure whether your situation qualifies for TD, SSDI, or both, the Illinois Workers' Compensation Commission Ombudsman can help clarify which program applies to your circumstances.

Frequently Asked Questions

Do I lose my job if I file for temporary disability?

No. Illinois law protects workers from retaliation for filing a workers' compensation claim. Your employer cannot fire you, demote you, or reduce your hours because you reported an injury or filed for TD benefits. If you believe you were retaliated against, you can file a complaint with the Illinois Department of Labor.

What if my employer says they do not have workers' compensation insurance?

Illinois requires most employers to carry workers' compensation insurance. If your employer does not have it, you may still have a claim, but it would be handled differently. Contact the Illinois Workers' Compensation Commission or the Department of Labor to report an uninsured employer and learn about your options.

Can I work part-time while receiving temporary disability?

It depends on your doctor's restrictions and the insurance carrier's policies. Some carriers allow you to work part-time or light-duty work while receiving reduced TD benefits. You must report any work you do to the insurance carrier. Working without permission or misrepresenting your work status can result in loss of benefits.

How long does temporary disability last?

There is no set time limit for TD benefits in Illinois. They continue as long as you are unable to work due to your injury and your doctor supports that you need time to recover. However, once you reach maximum medical improvement, TD typically ends and you either return to work or transition to Permanent Disability if you have lasting limitations.

What if the insurance carrier stops paying me before my doctor says I can return to work?

File a Petition for Hearing with the Illinois Workers' Compensation Commission. Bring your medical records showing you are still unable to work. The arbitrator will decide whether benefits should continue. You can also contact the Ombudsman office for guidance on how to proceed.