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Duty Disability Benefits

Work-Related Injury

If you are an active employee member of the Laborers’ and Retirement Board Employees’ Annuity and Benefit Fund of Chicago (“LABF”) and have filed a claim with your employer that establishes that you became injured while performing your job duties, you may be entitled to Duty Disability (“DD”) benefits from the LABF. 

DD benefits from the LABF are granted in conjunction with the benefits granted under the Illinois Workers’ Compensation Acts (“WC”) to provide you with 75% of your salary as of the date of injury. LABF benefits are offset by any payments issued under the Workers’ Compensation Act.

Pursuant to Section 11-158(c) of the Illinois Pension Code, any amounts received as a result of an Illinois Workers’ Compensation Commission (“IWCC”) case, which are provided to the employee or surviving spouse under the Workers' Compensation Act or the Workers' Occupational Diseases Act, shall be applied as an offset to duty or ordinary disability benefit(s) paid by the Fund. Therefore, if you file an IWCC claim, have an IWCC claim pending or your IWCC claim has been settled for an injury, please be advised that LABF will seek reimbursement of any applicable duty disability benefits paid for that injury which exceed 75% of your salary at the time of injury.  Furthermore, if an employee who has been disabled receives ordinary disability from the Fund and also receives any payment for the disability under the Workers' Compensation Act or the Workers' Occupational Diseases Act, the ordinary disability benefit must be repaid to the Fund.


What to do if you are injured on the job:

  • Follow your employer’s protocol for reporting your injury.
  • Contact your employer to arrange for direct payment of health insurance and life insurance premiums, if applicable. Do this immediately. It is very difficult to reinstate health insurance after a lapse in coverage.
  • Inform your union of your injury and arrange to pay your dues, if applicable.
  • Apply for DD benefits with the LABF after WC benefits have been approved by your employer. You must submit your application to LABF in a timely manner.  No DD benefits shall accrue for any period of time more than one year prior to the date on which the application for disability benefit is received by LABF. 


How to apply for LABF DD Benefits:

  • Call LABF at (312) 236-2065 to request a DD application.
  • Submit your signed application with all required documentation. Refer to the bottom of this page for a list of possible documents required. As each case varies, LABF will inform you of the documents required at the time you apply.

NOTE: Once your WC claim has been approved AND your LABF DD application is complete, it will take approximately 4 to 6 additional weeks for LABF to process your DD claim. The application process is time sensitive. Failure to act in a timely manner will result in loss of benefits and service credit for retirement annuity purposes.

 

LABF Approval Process:

  • LABF will confirm your WC claim has been approved and will verify your WC claim payment status.
  • A physician appointed by the LABF will review your medical documentation and make a recommendation to the Board of Trustees (“Board”).
  • Upon recommendation by the LABF physician, your DD application will be considered by the Board at a regular monthly Board meeting.
  • Upon the Board’s approval, the LABF will send you a notification regarding your disability benefit eligibility.  DD benefits granted by the LABF are offset by any payments issued under the WC Act for the same injury.

 

DD Benefit Payment:

  • Payments are mailed on the last working day of the month.
  • Payments are made in conjunction with WC benefits. If WC stops payments, the LABF will stop DD payments.
  • You must notify the LABF immediately if you return to work or if your employer terminates WC benefit payments. Failure to do so may result in an overpayment of benefits. LABF overpayments may also result from an IWCC award or settlement. If an overpayment occurs for any reason, you are required to repay the LABF. If the overpayment is not repaid, LABF will offset the overpayment against any future payment owed to you by the LABF, whether you are an active employee or have retired.


Extension of DD Benefits:

  • You will be notified if you are eligible for an extension. The notification will include documentation to be completed and returned to the LABF by the due date stated in the notice.
  • Upon the LABF’s receipt of the required documentation, the physician appointed by the LABF will review any further medical documentation.  You may be required to be examined in person by the LABF-appointed physician.
  • Upon recommendation by the LABF physician, your DD extension will be considered by the Board at a regular monthly Board meeting.
  • Upon the Board’s approval, the LABF will send you a notification regarding your disability benefit eligibility.  DD benefits are granted in conjunction with WC and are offset by any payments issued under the WC Act for the same injury. If WC stops payments, the LABF will stop DD payments as well.

 

Important Notes:

  • Members must apply for DD benefits from the LABF.
  • Members must submit an application in a timely manner for DD benefits to the LABF.  No DD benefits shall accrue for any period of time more than one year prior to the date on which the application for disability benefit is received by LABF.
  • Members shall be eligible to receive service credit for retirement annuity purposes for periods during which they have received DD benefits from the LABF.
  • DD payments received from the LABF are not taxable. Therefore, members will not receive an IRS Tax Form from the LABF for DD benefits.
  • DD payments received from the LABF do not have to be repaid unless an overpayment occurs. Failure to notify the LABF that you have returned to work or that WC has stopped payments may result in an overpayment of benefits. LABF overpayments may also result from an IWCC award or settlement.  If an overpayment occurs for any reason, you are required to repay the LABF.  If the overpayment is not repaid, LABF will offset the overpayment against any future payment owed to you by the LABF, whether you are an active employee or have retired.
  • If WC benefits are approved for a coronary-related condition, the member is not entitled to any monetary DD benefit from the LABF. However, the member must still submit an application and be approved for DD benefits to continue to receive pension credit for retirement annuity purposes.
  • Additional benefits may be due to members with children under the age of 18. Copies of birth certificates are required.

 

Below is a list of possible documents which may be required when applying for DD benefits from the LABF.

  • DD Application (Must be original form.  Copies will not be accepted.)
  • Copy of Most Recent Physician(s) Report(s)
  • Copy of Incident or Accident Report
  • Proof of Birth (Copy of State or County Certified Record of Birth or Naturalization record)
  • For minor children under the age of 18, a copy of their birth certificate with your name listed as the parent to the minor child

Please send copies of any birth records. LABF cannot guarantee return of original documents. Applications cannot be processed until all required documentation is received.

 

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