In Chicago, injured workers who are unable to return to work due to a permanent disability are entitled to specific rights and benefits under the Illinois Workers’ Compensation Act. Here’s what injured workers should know about permanent disability in Chicago: For more information please visit Chicago Workers Compensation Lawyer

1. Types of Permanent Disability Benefits

  • Permanent Partial Disability (PPD): This type of benefit applies when an employee sustains a permanent injury but can still perform some work. PPD is calculated based on the degree of impairment, the type of injury, and its impact on the worker’s ability to earn a living.
  • Permanent Total Disability (PTD): If the worker is permanently and totally disabled, meaning they are unable to work in any capacity, they may qualify for PTD benefits. This is typically reserved for serious injuries that completely prevent someone from returning to any form of employment.

2. Assessment of Disability

  • Medical Evaluations: Workers must undergo a medical evaluation by a physician who will assess the extent of the injury and how it impacts the worker’s daily functioning. The physician will assign an impairment rating, which is used to determine the level of disability.
  • Functional Capacity: The evaluation considers not only the physical condition but also the ability of the worker to perform any meaningful work. The employer or the insurance company may have their own doctors conduct independent evaluations.

3. Compensation Amounts

  • The amount of compensation depends on the nature and extent of the disability. For PPD, the worker may receive a set percentage of their weekly wage for a certain number of weeks. For PTD, benefits are generally a percentage of the worker’s weekly wage for the duration of their life.
  • Illinois law sets maximum benefit rates each year, and the compensation will be subject to these limits.

4. Time Limit for Claims

  • Workers must file their permanent disability claim within a reasonable time frame, typically within three years from the date of the accident or the last date of payment for medical treatment.
  • However, for PTD claims, workers can file at any time after their injury.

5. Permanent Disability Settlement

  • Workers may have the option to settle their case for a lump sum. This is common in PPD claims, but it is important to understand that once a lump sum settlement is accepted, future claims related to that injury are generally prohibited.
  • A settlement may not be in the worker’s best interest if their condition deteriorates, so it is crucial to consult an attorney before agreeing to a settlement.

6. Vocational Rehabilitation

  • If the worker cannot return to their previous job, they may be entitled to vocational rehabilitation services. This can include retraining for a new type of work or assistance with finding a new job.
  • This is often offered if the disability prevents a return to the previous occupation, but the worker is still able to work in a different capacity.

7. Appeals Process

  • If a worker disagrees with the assessment of their disability or the amount of benefits they are entitled to, they have the right to appeal. The appeal process typically involves an administrative hearing before the Illinois Workers’ Compensation Commission.
  • Workers can be represented by an attorney to navigate this process and ensure they receive a fair hearing.

8. Impact of Pre-existing Conditions

  • If an injured worker has a pre-existing condition, this will not automatically disqualify them from receiving benefits. However, the pre-existing condition can influence the severity of the permanent disability rating.
  • The workers’ compensation system in Illinois generally requires that the injury be a significant factor in causing the permanent disability, even if the worker had pre-existing health issues.

9. Legal Assistance

  • Navigating permanent disability claims can be complicated, and injured workers may want to hire a workers’ compensation attorney. An attorney can help workers understand their rights, gather necessary evidence, negotiate settlements, and represent them in hearings or appeals.

10. Impact on Social Security Disability Benefits

  • In some cases, an injured worker may also be eligible for Social Security Disability Insurance (SSDI) if the injury qualifies under federal rules for total disability. Workers can receive both workers’ compensation and SSDI benefits, but the amount of workers’ compensation may reduce the SSDI benefits.

In summary, permanent disability claims under workers’ compensation in Chicago are complex and can involve many steps, from medical evaluations to appeals. Injured workers should be aware of their rights and consider seeking professional advice to ensure they receive the full benefits they are entitled to.