970 McHenry Avenue, Crystal Lake, IL 60014
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in disability payments

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.

...

Receiving Workers’ Compensation When You Have Two JobsSome people work more than one job in order to supplement their income and pay for their living expenses. A worker may be balancing two full-time jobs, though a second part-time job is more common. Suffering an injury at one job may affect your ability to work at both jobs. Though workers’ compensation benefits are available through the job where you were hurt, you may worry about lost income from your other job. Fortunately, Illinois allows you to include wages from more than one job when filing your workers’ compensation claim.

Qualifications

Your average weekly wage helps determine workers’ compensation benefits such as disability payments and lump-sum settlements. A workers’ compensation insurer for one employer may contest your inclusion of income from an additional employer in your average weekly wage. However, you are entitled to compensation for lost income from all of your jobs, as long as:

  • You can prove that your other job exists;
  • The employer for where the injury occurred was aware that you had an additional job; and
  • That employer did not object to you working a second job.

Most injured workers do not have proof in writing that their employer knew about their second job. You need to remember who you told at work about your second job and what their response was. You could strengthen your claim by showing that your employer knowingly adjusted your schedule to accommodate your other job.

...

Workers' Compensation Continues, Even If Your Employer Does NotWhat will happen to your workers’ compensation claim if your employer goes out of business? This scenario does happen and leaves claimants worried about whether they will receive the benefits they need while they recover and look for a new job. Fortunately, the status of your employer will not affect your workers’ compensation claim in most cases. The process could take a little longer, but the end result should still cover your medical expenses and lost income.

Insurance Coverage

Most employers provide workers’ compensation insurance through a third-party insurance company, who is responsible for paying your benefits. Your employer going out of business does not change the insurer’s ability to cover you in the event of a successful workers’ compensation claim. However, the process can be slower if your employer is unable to help its insurer with the case. There may be no one left in your employer’s human resources department to:

  • Assist the insurer with investigating your injury; or
  • Give the insurer your wage records.

You can provide paycheck stubs or other pay records to help move the process along. In some situations, your employer being closed can help with your workers’ compensation claim. The insurer likely wants to close your case quickly because your employer is no longer a paying client. A prolonged court battle may not be worth the cost to them.

...

Crystal Lake workers' compensation attorney, workers' compensation, employee disability, workers' compensation statute, collect workers' comp, disability payments, repeat injuriesIllinois state lawmakers are currently reviewing at a pair of bills that are poised to change the way workers' compensation functions in Illinois. The bills, SB2623 and SB2625, are each focused on different parts of the workers' compensation statute, and are designed to make collecting workers' compensation more difficult. SB2623 focuses on repeated injuries to the same body part, and reduces a person's potential compensation if he or she continues to hurt him or herself in the same way. SB2625 deals with employees terminated “for cause,” and prevents them from collecting temporary partial disability payments from their employer.

Repeated Injuries

The repeated injury bill, SB2623, is designed to curtail payments being made by employers for employees who hurt themselves multiple times in the same way, or who file redundant claims for the same injury. This is done by tracking the amount an employee is paid for injuries to any particular body part. Then, if the employee injures that body part again, the amount that he or she was already paid will be deducted from the new payout.

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top