What if you have a work injury and the doctor has you off work, and you pick up a part-time job to earn some extra cash in the meantime?

In Illinois, you cannot receive temporary total disability (“TTD”) and pick up a side job.

TTD means that you are unable to work at all for a temporary period of time.

If you are caught you will have to the TTD back to the insurance company and may be accused of fraud.

There are some exceptions.

Illinois has what is called temporary partial disability.

This means that you cannot work for the same period of time or at the same amounts of pay as you were able to before your work injury.

You will be paid 2/3 the difference between your pre-injury wage and the new wage resulting from your restrictions.

Another exception is if you have 2 jobs at the time of your injury, and you cannot work the job in which you were injured but you can continue to work the second job. This is another type of temporary partial disability.

Something to watch for is whether you can perform volunteer work or work for free and still be paid TTD.

At some point a judge may say that performing activities that may be considered paid work is still work even though you are not paid for it.

This can be a really complicated area of the law.

Questions about your Work Comp case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.