A sudden workplace accident like a fall, fire, or car crash can cause life-altering injuries. The injured worker may not even be able to live the type of life he or she lived before the injury. Workers’ compensation is often available to employees who are hurt on the job. Unfortunately, recovering the full workers’ compensation benefits an injured person is entitled to is often an uphill battle.
If you or a loved one suffered a severe injury at work, you may have questions about your entitlement to workers compensation. Can I get permanent total disability (PTD) benefits in Illinois? How severe does an injury need to be to qualify for benefits? Do I have to reach maximum medical improvement before I can get compensation?
Defining Total Disability According to Illinois Workers Comp Laws
Generally, any employee who is injured in a work-related incident while on the job is entitled to workers’ compensation. Those with self-inflicted injuries, injuries sustained while committing a crime, or injuries sustained while the employee was violating company policy may not qualify for workers’ compensation.
The type and amount of compensation an injured person can receive depends on the severity of the injury and the effect the injury has on the person’s ability to work.
Permanent total disability may be available if:
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The worker suffered full or partial loss of a body part such as a finger, hand, arm, foot, leg, or eye
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The worker suffered full or partial loss of use of a body part such as a spine injury resulting in loss of motor function
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The worker suffered reduced ability to use their body such as a back injury that makes lifting or movement very difficult
Recovering the Compensation Permanently Disabled Individuals Deserve
Workers who lose a body part or lose functioning of a body part may be entitled to permanent total disability through workers’ compensation. Unfortunately, getting PTD benefits is much easier said than done. The burden of proof falls to the injured worker to prove the extent of his or her disability and how that disability impacts his or her ability to work.
Some disabled workers are able to find a lower paying job that can accommodate their disabilities. If this is the case, the worker may be entitled to wage differential benefits. If the worker cannot find any job that accommodates him or her, he or she may be able to get permanent disability equal to 60 percent of his or her weekly wage. The duration of payments varies.
Contact a McHenry County Workers’ Compensation Lawyer
If you or a loved one were seriously injured at work, contact Botto Gilbert Lancaster, PC for help recovering workers’ compensation benefits. Recovering compensation can be complicated and frustrating. Let our Crystal Lake workers’ comp attorneys handle your case so you can focus on your health and recovery. Call 815-338-3838 for a free, confidential consultation.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapAct=820%c3%a2%e2%82%ac%c2%a0ILCS%c3%a2%e2%82%ac%c2%a0305/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Workers%27+Compensation+Act.