This is the next article in my series on the handling of workers’ compensation cases in our area. My last article discussed when Peoria employees may receive Illinois workers’ compensation benefits. It also stressed the need to file a formal claim as opposed to accepting payments directly from your employer. While accepting payments will typically not bar one from filing a claim, it can delay the overall process. In this article I will be discussing the differences between temporary and permanent disability in our state. If you are in need of assistance then contact my office today to speak with a lawyer.
I previously discussed differences between permanent and temporary disability in a broader sense. This article will expand on that discussion by specifically looking at when one falls under either status.
Illinois considers a worker to be “temporarily disabled” when they are unable to return to their former job role at the current time but will be able to do so in the future. There are several examples of this, such as a construction worker who breaks a bone on the job but can return once the bone has healed. It is important to understand, however, that the “temporary” designation can actually involve lengthy rehabilitation periods. It is not uncommon for individuals, especially in certain trades, to suffer very serious injuries which will require multiple surgeries and many months, if not years, of recovery. If it is foreseeable that one will be able to return to their former job, then there is no time limit as to how long they may carry a “temporarily disabled” status. If, however, it becomes clear during the course of their treatment that they will, in fact, not be able to return to their former role then their status may be changed to permanently disabled.
An employee will be considered “permanently disabled” in our state when they are not going to be able to return to their former role at any time. When this occurs then the employee may be entitled to benefits for their care and rehabilitation. Also, if one can return to the workforce in another capacity then they may be eligible for vocational training or educational services so they may become qualified for new employment. These benefits may also include assistance with searching for a job and more. Incidental expenses, stemming from the need for training, can also be included in one’s benefits. Furthermore, a worker can continue to receive disability payments while they are completing their vocational training.
A key distinction to understand in workers’ compensation cases is the difference between total and partial disability. If an individual is able to return to the workforce then they will generally not be considered as totally disabled. It is not uncommon, however, for one to personally believe that they should be considered totally disabled if they cannot return to their former job specifically. While it is understandable that one may feel intense frustration over having to change careers, the law does limit the definition of “total disability” to specific circumstances. An experienced attorney can assist you with analyzing your situation and assessing all of your options.
If you are in need of assistance then contact my office today to speak with a Peoria workers’ compensation lawyer. My firm understands that this is a crucial time in your life. We will give your case the attention it deserves and will make sure that you know what to expect as the process moves forward. We pride ourselves on providing a high level of service and we look forward to speaking with you. My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
