Tag Archives: TTD

Illinois Workers’ Compensation: Average Weekly Wage and Rate Explained & Why is it important?

What does average weekly wage (AWW) and rate mean in an Illinois workers’ compensation case?

By Steven A. Edelman, Attorney, (314) 631-6777, Ext. 14

Temporary Total Disability(TTD): In an Illinois workers’ compensation case the amount of money that you receive each week while you are off work due to the work injury is calculated based on the injured worker’s average weekly wage and rate. This weekly payment is referred to as temporary total disability (TTD).

Permanent Partial Disability (PPD): Additionally, the amount of money that an injured worker receives in a settlement or an award for the permanent disability that they suffer due to the work injury is calculated based on the injured worker’s average weekly wage (AWW) and rate. This permanent disability is referred to as permanent partial disability (PPD)

If two cases are similar in all other respects but for the AWW and Rate, then the higher the injured workers’ AWW and Rate, the more money their workers’ compensation case is worth, and the lower the AWW and Rate, the lower the value. Therefore, it is very important to correctly calculate average weekly wage and rate.

How to Calculate Average Weekly Wage (AWW):

We first have to calculate AWW to then calculate Rate.

In most cases the AWW is calculated using the average of the injured workers wages for the 52 weeks preceding the work injury. However, there are alternate methods to calculate the average weekly wage (AWW). The law specifically states that AWW is calculated as follows:

“The compensation shall be computed on the basis of the “Average weekly wage” which shall mean the actual earnings of the employee in the employment in which he was working at the time of the injury during the period of 52 weeks ending with the last day of the employee’s last full pay period immediately preceding the date of injury, illness or disablement excluding overtime, and bonus divided by 52; but if the injured employee lost 5 or more calendar days during such period, whether or not in the same week, then the earnings for the remainder of such 52 weeks shall be divided by the number of weeks and parts thereof remaining after the time so lost has been deducted. Where the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee actually earned wages shall be followed. Where by reason of the shortness of the time during which the employee has been in the employment of his employer or of the casual nature or terms of the employment, it is impractical to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the 52 weeks previous to the injury, illness or disablement was being or would have been earned by a person in the same grade employed at the same work for each of such 52 weeks for the same number of hours per week by the same employer.” See Illinois Workers’ Compensation Law (820 ILCS 305/10)

After we calculate AWW, we then have to calculate Rate. The calculation of the rate is different for TTD and PPD.

Temporary Total Disability: The Temporary Total Disability (TTD) Rate is calculated by taking 66 2/3% of the average weekly wage (AWW). The law specifically states: “The compensation rate for temporary total incapacity under this paragraph (b) of this Section shall be equal to 66 2/3% of the employee's average weekly wage . . .” See Illinois Workers’ Compensation Law under (820 ILCS 305/6)

Permanent Partial Disability (PPD): The PPD rate is calculated by taking 60% of the average weekly wage (AWW). The law specifically states: “The compensation rate in all cases of serious and permanent disfigurement under paragraph (c) and of permanent partial disability under subparagraph (2) of paragraph (d) or under paragraph (e) of this Section shall be equal to 60% of the employee's average weekly wage . . .” See Illinois Workers’ Compensation Law under 820 ILCS 305/8

Very often the employer and their workers’ compensation insurer will calculate the injured worker’s AWW and rate incorrectly and pay a much lower rate for TTD and for permanency. It is extremely important to consult a lawyer at the Edelman Law Office to ensure your average weekly wage and rate are correctly calculated.

If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under Illinois workers’ compensation law. Call us for a free consultation: 314-631-6777, Ext. 14

Steven A. Edelman, Attorney

Missouri Workers’ Compensation: Temporary Total Disability (TTD) explained, RSMo 287.170

MISSOURI WORKERS’ COMPENSATION 

TEMPORARY TOTAL DISABILITY

Temporary Total Disability (TTD) is one of the three major benefits that an injured worker receives in a Missouri Workers’ Compensation case. Temporary total disability is referred to as TTD for abbreviation.  

TTD is a check for money which is equal to two-thirds of the gross average weekly wage of the injured worker based on the 13 weeks of gross wages prior to the work injury. The TTD check is typically mailed directly to the injured worker or in some occasions directly deposited to the injured worker’s bank account. Workers’ compensation pays the injured worker TTD for each week of work missed as a result of the work injury either because 

(1) The doctor places the injured worker off work due to the work injury 

OR 

(2) The doctor placed light duty restrictions on the injured worker, and the employer can not provide accommodated light duty work within the doctor’s restrictions; and therefore, the injured worker remains off work. 

Law: (RSMo 287.170) 

Temporary total disability is found in Missouri Law in the Revised Statutes of Missouri, RSMo 287.170 which states, in part, as follows:

“1.  For temporary total disability the employer shall pay compensation for not more than four hundred weeks during the continuance of such disability at the weekly rate of compensation in effect under this section on the date of the injury for which compensation is being made.  The amount of such compensation shall be computed as follows:

. . .

(4)  For all injuries occurring on or after August 28, 1991, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee’s average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this subdivision shall not exceed an amount equal to one hundred five percent of the state average weekly wage;

. . .

Temporary total disability payments shall be made to the claimant by check or other negotiable instruments approved by the director which will not result in delay in payment and shall be forwarded directly to the claimant without intervention, or, when requested, to claimant’s attorney if represented, except as provided in section 454.517, by any other party except by order of the division of workers’ compensation.

  3.  An employee is disqualified from receiving temporary total disability during any period of time in which the claimant applies for and receives unemployment compensation. RSMo 287.170.3

  4.  If the employee is terminated from post-injury employment based upon the employee’s post-injury misconduct, neither temporary total disability nor temporary partial disability benefits under this section or section 287.180 are payable.  As used in this section, the phrase “post-injury misconduct” shall not include absence from the workplace due to an injury unless the employee is capable of working with restrictions, as certified by a physician.

  5.  If an employee voluntarily separates from employment with an employer at a time when the employer had work available for the employee that was in compliance with any medical restriction imposed upon the employee within a reasonable degree of medical certainty as a result of the injury that is the subject of a claim for benefits under this chapter, neither temporary total disability nor temporary partial disability benefits available under this section or section 287.180 shall be payable.”

Common Problems that Injured Workers have with the Employer and Workers’ Compensation regarding payment of Temporary Total Disability (TTD)

Injured workers regularly have problems with the employer and workers’ compensation insurer paying temporary total disability (TTD). 

Common problems include:

  1. The doctor places an injured worker off work, and workers’ compensation never pays temporary total disability.
  2. The employer/workers’ compensation insurer pay the wrong amount of temporary total disability, which is usually much lower than what you are entitled to receive. 
  3. Workers’ compensation unnecessarily delays payment of TTD.
  4. Workers’ compensation sends TTD checks at sporadic intervals, which cause financial difficulty for the injured worker. 
  5. An injured worker is released to work light duty work, and the employer instructs the injured worker to return to work full duty in contradiction to the doctor’s order of light duty restrictive work. The employer makes the injured worker work full duty instead of sending the injured worker home. In this situation, the injured worker exposes themselves to potential additional injury when they should be receiving TTD because the employer can not provide light duty work. 
  6. The employer fires an injured work for alleged“misconduct,” and therefore stops paying TTD
  7. The employer stops paying the injured worker TTD because they allege the injured worker declined light duty work. 

If you’ve suffered a work injury on the job in Missouri, and you are not receiving temporary total disability (TTD) then call our law office immediately for a free consultation. We pride ourselves on fighting for your rights and getting you the benefits you are entitled to by law.  Please call us immediately at 314-631-6777

Steven A. Edelman, Attorney

314-631-6777