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Receiving Permanent Total Disability Benefits After a Work Injury

Posted on in Workers' Compensation

Receiving Permanent Total Disability Benefits After a Work InjuryMost workplace injuries are ones that you expect to recover from with time. You may need to file a claim for workers’ compensation benefits to pay for your medical expenses and lost wages if you miss time from work. Unfortunately, some injuries cause permanent disability that will forever affect your ability to work. If your disability makes you unable to work any job, you may qualify to receive Permanent Total Disability (PTD) benefits for the rest of your life. Because the workers’ compensation insurer is likely to contest a PTD claim, you would need the help of a workers’ compensation lawyer to prove your case.

What Is a Permanent Total Disability?

Your disability is permanent and total if you are incapable of performing any work tasks for which you could receive employment and if your condition is unlikely to improve. Most PTDs involve losing a body part or losing your ability to use that body part. However, you do not have to be completely incapable of normal function in order to qualify for PTD benefits. You can argue that your disability has made you unable to obtain employment if:

  • You make a good-faith effort to apply for jobs but have not received any job offers
  • You do not have the education or training to qualify for jobs that could accommodate your disability
  • Your age makes it unreasonable to expect you to retrain for a new career

You may qualify for Permanent Partial Disability if you are capable of working in a limited capacity or in a position that pays less than what you made before.

What Can You Receive?

PTD benefits are weekly payments that are worth two-thirds of your average weekly wage from your job. The payments may continue for the rest of your life and can be adjusted over time based on the cost of living. However, there is a minimum and maximum amount that you can receive. Illinois adjusts those amounts twice a year, based on the statewide average weekly wage. For injuries that occurred between Jan. 15 and July 15, 2020, the maximum payment is $1,549.07 and the minimum payment is $580.90.

Contact a Crystal Lake, Illinois, Workers’ Compensation Attorney

To prove your PTD claim, you will need to show that your disability originated from a workplace injury and that you are permanently unable to return to work. A McHenry County workers’ compensation lawyer at Botto Gilbert Lancaster, PC, will present medical reports and other evidence that supports your claim. To schedule a free consultation, call 815-338-3838.

Source:

https://www2.illinois.gov/sites/iwcc/resources/Pages/benefits.aspx

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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