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PTSD worker's comp benefits Illinois

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  • PTSD worker's comp benefits Illinois

    Hello,
    Three months ago an accident happened at my place of work which caused Post Traumatic Stress Disorder for myself and several others in the office. The WC insurance has accepted PTSD claims and so far paid for my medical/treatment bills. I could not work for a month, for which my employer paid in full. I returned to work part-time, then transitioned to full time in a different position. I then took one week of unpaid vacation, and upon my return, my employer informed me that they "no longer had a position for me" because I was unable to work my original position due to PTSD. they encouraged me to file a claim under worker's comp. I consulted with my doctors and they agreed that taking time off would improve my condition, and I informed my employer that I cannot return to work (as of yet) (with a doctor's note on its way)-- my questions are:
    a) Can they tell me they have no position for me due to the injury? can my employer tell me to file a claim for worker's comp time off (i.e. harassing me to take the time off and file for my 66 2/3 pay of missed time)?
    b) am i eligible for worker's comp pay even after returning to work? let me clarify: though i returned to work, I was assigned to a different position; a month later my employer informed me they could only offer me my original position, which I cannot work due to PTSD. My doctor has written a letter that I cannot return to this position at this time due to PTSD-- but am i still eligible for worker's comp benefits even though i already DID return to work, but have relapsed due to being forced to return to my original position, thus triggering a worsening of my PTSD? I hope this makes sense. PTSD is compensible under my company's policy.
    thank you greatly.

  • #2
    With PTSD, you may be cover under ADA,
    “person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment..”
    Employer must provide a reasonable accommodation (modify work, reduce schedule, etc) as long it would not impose an undue hardship on the employer.

    Comment


    • #3
      From what I understand you were off for a month, then returned to modified duty, which is entirely legal. After some period of time your employer informed you that you could not continue in this temporary arrangement any longer and must either go back on leave or return to your original position. Your doctor has opined that a return to your former job would be ill advised.

      The devil is always in the details. If this is a temporary situation and you have not yet reached MMI, and your employer can not accommodate your restrictions, then you should receive TTD which by law is 66 2/3% of your salary.

      If this is a permanent restriction and you have reached MMI (maximum medical improvement) then we have a very different situation.

      Before we get into that and all it entails, which are we looking at here?
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

      Comment


      • #4
        Thank you both.
        My doctor (if that is the one to determine this) has not concluded MMI, though my position has already been replaced permanently. Although I would venture to say that it I will likely never be able to return to my original position (and was told initially that I would never have to). So if that is MMI, then... what? I have a feeling I won't like this...
        Although, I believe my original question is answered in that I can still qualify for TTD even if I had returned to (modified) work. Are time restrictions for TTD determined by the WC insurance or state regulated? I'll look that up.
        Thank you again
        Last edited by WPPTSD; 03-03-2007, 05:06 PM.

        Comment


        • #5
          MMI is maximum medical improvement. Yes, your doctor would determine this and it basically means you are as healed as you are going to get. You may still need ongoing counseling or treatment or meds, but you have stabilized. It has little to do with your ability to return to work.

          Once you reach MMI, you would file for Permanent Partial Disability, or settle the claim. Any time limits for TTD would be set by the state. I looked briefly at IL but didn't see a time limit indicated (most states don't have one) but those states that do, set it at several years.

          As for your job, your condition may fall under ADA. Typically if you can not ever return to the same work, even with a reasonable accommodation, you aren't proected by ADA. It may be a reasonable accommodation however, to transfer you to a vacant position that you are qualified for and able to perform. They do not need to create a position for you, nor displace someone else. If you are unable to continue where you are at, you may be leigible for voc rehab, which is job training and placement assistance. You would not be eligible until you reach MMI.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment

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