Illinois Worker's Compensation - Help For Injured Illinois Workers

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  1. #1
    Join Date
    Aug 1972
    Posts
    104

    Default What Are Indemnity Payments

    My husband was injured in Jan '01. There have been problems here and there. He received TTD and then they stopped it. TTD has been reinstated and he has received back pay for it.For the last 3 weeks tho he has been receiving the TTD checks AND a second check for the same amount. On these checks it says it is indemnity payment. Is TTD payments and Indemnity payments the same? Are they over paying him? Could these payments be penalty payments for not paying TTD or medical bills properly? Are we going to have to repay this money? We could really use it. This injury has caused us financial hardships and it is Christmas.And I'm afraid to call and ask for fear of having to pay it back right now. I'm just trying to figure out the double payments. Any help would be greatly appreciated. Thanks for taking the time to read this.

  2. #2
    sh Guest

    Default

    There are types of indemnity other then just total temporary.
    If there are overpayments they generally are deducted from any future amounts that might be due.

  3. #3
    hockeylaw@aol.com Guest

    Default

    SPEND IT!!!! The notations on the checks are an internal thing for the insurer. Generally payments are categorized 'Indemnity' (weekly TTD benefits & ultimate settlement),'SMA' (medical),'Expense'(the insurer's cost for such things as exams, travel for IME's, or surveillance). TTD is a form of indemnity. As to penalties for nontimely payments, employers or insurers do not voluntarily pay penalties..Unless the Industrial Commission ordered the employer/insurer to pay a penalty then they are not penalty payments. As to repaying the money, the insurer can approach the matter 2 ways, at their option:1) withhold a check to make up for the over payment or 2) deduct it from any future settlement(obviously crediting it from a future settlement would be the less harsh approach). My advise would be take the money & spend it NOW!!!! Just be aware that the insurer may later withhold the money from you in a weekly check or at time of settlement. The money will do you more good than the insurer... & Happy Early Holidays.

  4. #4
    Join Date
    Aug 1972
    Posts
    104

    Default

    Thank you sooooooo much! This extra payment is saving my house! I just cant figure out after being "witches" through all of this why we are receiving TTD payments AND indemnity payments. Oh well, bout time they did a screw up for the better! This will be a nice Christmas after all! I am assuming this indemnity payment is like a prepayment on the settlement. Although he will never walk right again, any extra money does help. It also could not come at a better time. I now had the money to have my doggie the surgery for cancer she so badly needed but could not afford. What a great Christmas gift! Thank you Hockeylaw, you eased my mind at a trying time!

  5. #5
    Join Date
    Aug 1972
    Posts
    104

    Default

    Well it was a screw up. They said that the computer kicked out double payments and now he is being docked till the amount that was overpaid is returned. I should have known. :-(

  6. #6
    pt Guest

    Default

    Debbie,

    Can you re-capture your excitement about that great Christmas time 'miracle' along with the house payment being met, that up to that point had been concerning you so ?

    Due to the "screw-up" weren't you also able to have your buddy, precious pet get the cancer surgery that it needed ?

    Why not find out if the payment oversight can instead be be deducted at the end portion of the WC claim -
    (Settlement).

    Considering the circumstances; the IC may oblige you without the need for further litigation ?

    You'll never 'know'...until you ask.


    Good luck to you.

  7. #7
    Join Date
    Aug 1972
    Posts
    104

    Default

    They decided to deduct so much off each check till it is paid back. As far as my baby having her surgery, I would arrange for payments. Its only been 5 years since this all started. Christmas was a very sad time for me. Could not afford a single present for my young son. Now that I'm off on a work injury things are really tight. Unfortunatly there will be no WC payments for me while I'm off. I am still keeping a hopeful attitude. This is just sooo old.

  8. #8
    pt Guest

    Default

    Hi Debbie,

    If I'm not mistaken - Wasn't it your husband that was injured on the job ?
    Didn't the WC overpayments arrive 'before' Christmas ?

    I'm sorry - But your story no longer make sense to me - Maybe it will to someone else.

    I'll pray for yor son; and also hope that your dog gets the surgery she needs.

    Best of luck with your recovery, (or your husband's) - Hopefully, it will be a swift one.

  9. #9
    Join Date
    Aug 1972
    Posts
    104

    Default

    PT sorry to confuse you. Yes I am talking about my husband receiving WC payments. Yes the payments were before Christmas, but being $15,000 behind in payments for our home took most of the money. Nov. 18th I was involved in an accident at work. Now I am off injured also, but I don't get WC. I work under FELA.(train vs. semi, me driving the train) Thanks for the help, and sorry if I was confusing

  10. #10
    Join Date
    Aug 1972
    Posts
    104

    Smile Re: Is there a difference?

    Whoever used MJC on these posts is not the original MJC, I am and have been for many years. First and foremost, most that know me know that I do not have a husband. Not sure who this MJC is or where they are from. I am from Louisiana. Just wanted to clarify this as I am just seeing this today.
    The Original,
    MJC

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