Can You Get Workers Comp AND TPD at the Same Time in Illinois?
This is one of the most common questions injured workers ask: “I’m receiving workers’ comp TTD benefits. Can I also claim TPD?” The answer is yes — but not at the same time. TTD and TPD are sequential, not simultaneous. Here’s exactly how TPD works, when it kicks in, and how much you can receive — with real case examples.
TTD vs. TPD: What’s the Difference?
| TTD | TPD | |
|---|---|---|
| Full name | Temporary Total Disability | Temporary Partial Disability |
| When it applies | You can’t work at ALL | You CAN work, but with restrictions that reduce your pay |
| How much | 66.6% of your AWW | 66.6% of the DIFFERENCE between old and new pay |
| Duration | Until MMI or return to work | Until MMI or return to full pay |
TTD (Temporary Total Disability)
You broke your leg at work. Your doctor says: “No work at all for 12 weeks.” During those 12 weeks, you receive TTD: 66.6% of your average weekly wage, tax-free.
Example: $900/week → $599/week TTD
TPD (Temporary Partial Disability)
After 12 weeks, your doctor clears you to return to light duty — but at reduced hours and lower pay. You were earning $900/week before the injury. Now you’re earning $500/week. TPD covers 66.6% of the difference.
Calculation: ($900 – $500) × 66.6% = $266/week TPD
Your total income: $500 (work) + $266 (TPD) = $766/week during recovery.
When Does TPD Kick In?
TPD begins when ALL of these are true:
1. You’ve been released to return to work with restrictions
2. Your employer offers light-duty work within those restrictions
3. The light-duty work pays less than your pre-injury wage
4. You’re actively working the light-duty job
Important: You cannot refuse suitable light-duty work and expect to receive TPD. If your employer offers a legitimate light-duty position and you refuse, your benefits may stop.
Can You Get TPD If Your Employer Has No Light Duty?
If your employer has NO light-duty work available, you stay on TTD. TPD only applies when you actually return to work at reduced pay. No light-duty job = continued TTD.
Real example: Homer Glen construction fall — $400,000 settlement. A construction worker fell from a roof and suffered a traumatic brain injury. His employer had no light-duty construction work. He stayed on TTD throughout his 9-month recovery, then received substantial PPD for permanent impairments.
Real Examples: Workers Who Received Both TTD and TPD
Case 1: Lumbar Spine Injury — $315,000
A factory worker suffered a spinal injury requiring fusion surgery. He received TTD for 8 months during recovery, then transitioned to light-duty work with TPD for 4 months before reaching MMI. His PPD alone was significant due to the permanent spinal impairment.
Case 2: Spinal & Knee Injury — $245,000
An industrial worker in Chicago suffered multiple injuries. TTD covered him for 6 months post-surgery. His employer created a modified position at reduced hours — TPD covered the wage gap for 3 months until MMI.
Case 3: Wrist Injury & CRPS — $200,000
A temporary worker developed CRPS after a wrist injury. Extended TTD covered 10 months of total disability. When she returned to part-time work with restrictions, TPD supplemented her income.
Frequently Asked Questions
Can I claim TPD and workers comp at the same time?
You can’t receive TTD and TPD simultaneously because they’re mutually exclusive. You transition from TTD to TPD when you return to work at reduced pay.
Can I get Social Security Disability AND workers comp TPD at the same time?
Yes, but your workers’ comp benefits may be offset against SSD. An attorney can coordinate both claims to maximize your total recovery.
What if my employer says they have light duty but the job doesn’t really exist?
This is a common insurance company tactic. If the offered position isn’t genuinely available or suitable for your restrictions, your lawyer can challenge it before the IWCC.
How long can I receive TPD benefits?
Until you reach Maximum Medical Improvement (MMI) or return to work at your full pre-injury wage — whichever comes first.
What if I return to full duty but at a different, lower-paying job?
If your permanent restrictions prevent you from returning to your previous role and you take a lower-paying position, you may qualify for wage differential benefits — a separate form of compensation.
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See also: Types of Workers Comp Benefits · Permanent Partial Disability (PPD) · How Much Is My Case Worth?
