Workers Compensation: Do seasonal workers get lost wages?

Attorney Blog

undefinedOne of the benefits an injured worker is entitled to under the Illinois Workers’ Compensation Act is lost wages.  The Act states that if you are incapacitated from working, as a result of a work-related injury, you are entitled to 66-2/3% of your lost wages.  These lost wages are called temporary total disability benefits.  If you can show that your doctor has taken you off work or has placed you on light-duty restrictions in which your employer cannot accommodate, you will be entitled to these benefits.

An interesting situation arises when a person is working a “seasonal job” but continues to be incapacitated from working once the seasonal job is done.  For example, take a school bus monitor who only works during the school year.  While breaking up a fight on the bus, she gets pushed to the ground and breaks her leg.  As a result of this accident, her doctor takes her off work.  What happens if the school bus monitor is still treating and restricted from work once the school year is over?  Is she entitled to temporary total disability benefits during the summer?  Too many times have I seen insurance companies terminate an individual’s temporary total disability benefits once the “seasonal job” comes to an end.  This is NOT right.

The Illinois Workers’ Compensation Commission has determined, on numerous occasions, that an individual is still entitled to temporary total disability benefits during a period of time they may otherwise not be working due to the nature of the employment.  Using our example of the school bus monitor, the Commission determined that a school bus monitor was entitled to ongoing temporary total disability benefits during the summer months since this individual was still treating from the work injury and was restricted from work activities.  The entitlement to ongoing benefits would also apply to school teachers, snow plow drivers, or any other employee that is not required to work year round.

If you sustain a work injury and don’t work twelve months out of the year, you may be entitled to temporary total disability benefits during the time you would normally be off work.  As such, it is important to continue seeing your doctor and getting updated work status notes.  If the workers’ compensation insurance company has refused to pay you these benefits, you should contact an attorney at Woodruff Johnson & Evans Law Offices for a free consultation.

Categories:

Very satisfied

Very satisfied.     – Maricela M.

DJ (Dexter Evans) was amazing.

DJ (Dexter Evans) was amazing. He and Kylene communicated well and reached out often. This is my 2nd time using him and will never go anywhere else for my attorney needs. – Shanita S.

Highly recommended!

Highly recommended! Smooth process and great communication. Two thumbs up!   – Marek P.    

Big thank you to Attorney DJ Evans

Big thank you to Attorney DJ Evans for helping me with my PI case. Had a terrible car accident which I was not at fault for legally but my car was totaled and I sustained injuries that impacted my work. The at faults insurance tried to manipulate me into taking 2k which was ridiculous for […]

Jay Johnson was fabulous

Jay Johnson was fabulous, he kept me up-to-date and informed of every step. Very happy with his service and I would highly recommend him.       – Dawn S.  

Very helpful.

Very helpful. I was able to put most of it away into an emergency fund.         – Christine S.

Got a Settlement Quicker Than I Expected and Better Than I Expected!

My second time with Leandro A. at Woodruff Johnson and Evans. Another great job. Didn’t have to talk with work comp at all this time since I told work comp I don’t trust them after the first occurrence with them. Got a settlement quicker than I expected and better than I expected. Thanks to Leandro […]

Attorney Dexter Evans: Professional, Responsive and Took Care of Business. Highly Recommended. You Will Not Be Disappointed!

Dexter Evans handled my case for a motor vehicle incident. I would like to inform you that he was very professional, responsive, and took care of business. Whenever I had a question they were very quick to respond and handled everything for me. If it wasn’t Dexter then Nicole was right there. I highly recommend […]

Go to the Doctor. Do the Tests. Get the Diagnostics. Hire Leandro Alhambra!

Leandro Alhambra took on my workman’s comp case and did a great job getting a good return back. I had him take on the case late (2 years after the incident) and he still was able to provide a good amount of compensation. Advice to anyone reading: go to the doctor, do the tests and […]

Leandro A. Alhambra Fights to Get Every Dollar for his Clients

I used Leandro A. Alhambra for my workmans comp. case. I see in him that he fights to get every dollar for his clients to be satisfied of the outcome.

View All Testimonials

Get Your Free Consultation

"*" indicates required fields