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:

I wouldn’t have gotten the relief from my injury if Jay had not gotten involved.

I was referred to Woodruff, Johnson & Evans by a friend after a work related car accident. The workmen comp adjuster was giving me the run around. I was having terrible back pain but because it was work related my doctors could not provide me the treatment I need. Jay Johnson began investigating my case […]

Randel M

Outstanding job for my mother and me.

Very professional. Was referred to me by my mother. Did an outstanding job for my mother and me. Great service!

Valente G

Russ was the best!

Russ was the best! I got his number from my cousin. Best phone call I ever made! Always there for anything I needed and got all my bills paid and some compensation for me! Highly recommend.

Timothy F

Thank you for a good service!!

Steve Sandler presented himself professionally with good rapport and showed concern for my well being. I will definitely recommend him to others!! Thank you!!

Sherifat O

This man knows what he is doing.

I can’t say enough about Jon Walker. He took my case after being denied. Told me everything I had to do and kept me calm during the wait and got me approved! If you want a professional lawyer who knows how to get you approved call WOODRUFF JOHNSON & EVANS I cannot thank you enough […]

Steve G

Far beyond what I expected!

Russ Haugen helped me far beyond what I expected. He was polite and communicated with me every step of the way. Thank you for everything!

Mikahl S

I really felt like I had an ally!

Jon Walker represented me in a Work Comp case. I really felt like I had an ally and someone who was going to protect me and my rights after I was injured at work. Jon was extremely attentive and available to me when I had questions or needed advice throughout the entire process. Also, Jon […]

Juli T

Recommendation to Blessing

I had a lawyer working on my insurance claim that was extremely unprofessional and after 8 months of getting nowhere, I fired him. Dexter Evans was recommended to me by a family member. He was extremely professional and made the insurance claim very easy for me. He was very informative and always got back to […]

Brooke D

I am forever Grateful for this Firm!

I am forever Grateful for this Firm. Steven Sandler stayed on top of my auto accident. I was kept informed on every thing. They were there for me and I will be sure to recommend them. Thank you!!!

Lisa R

¡Estaba muy satisfecho con los resultados!

¡Estaba muy satisfecho con los resultados! Mi abogado, Jay Johnson, me explicó el proceso para que entendiera lo que estaba sucediendo con mi caso. Estaba muy satisfecho con los resultados y recomendaría a mi familia y amigos que necesitan ayuda legal que vayan a Woodruff Johnson & Evans.

J.C.
View All Testimonials

Get Your Free Consultation