I was injured at work. I exhausted my fmla light duty (according to them). I was told that the only way I could work with the restrictions...

Question

I was injured at work. I exhausted my fmla & light duty (according to them). I was told that the only way I could work with the restrictions I had was to take a part time position--so I did. Now workers comp is saying that because I "chose" to be part time--they are not paying me anymore. I'm restricted to a max of 16hrs a week--I can not live off that. Is there anything I can do?

Answer

Yes.

If you are not at maximum medical improvement and are working part time, you are entitled to TPD (Temporary Partial Disability) payments that will basically insure you are paid the same as when you were off-work entirely and getting TTD (Temporary Total Disability) payments from workers' comp.

You may have exhausted FMLA but that is really irrelevant to your present circumstances. FMLA is a federal law requiring you to be provided with "leave" from work due to a medical issue. Your issue is: your right to weekly wage replacement benefits.

In Illinois, your right to TPD (or TTD) payments NEVER runs-out as long as your medical condition has not stabilized.

You should hire a lawyer.

Good luck,

Matt Belcher

President-elect WILG dot org

312-670-9000