This is the next post in my series on the handling of temporary and total disability claims in Peoria, Illinois. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you have been injured on the job. It is important that you speak with counsel sooner, as opposed to later, as having representation helps to ensure that your claim is handled correctly. In this article I will be discussing the differences in our state between temporary total disability (TTD) and permanent total disability (PTD). If you are in need of assistance then contact my office today to speak with a lawyer.
Illinois distinguishes TTD and PTD on the basis of how long someone will be unable to work
When an Illinois worker cannot return to their job due to a workplace injury then they will either be considered to be “partially” disabled or “totally” disabled. The former deals with situations in which one cannot fully perform their former job but they can still perform other types of work. The latter deals with situations where one cannot work at all. Matters involving total disability are further divided into two categories. These are “temporary” and “permanent.” If a worker is temporarily totally disabled then this means that they are completely unable to work, but can expect to rejoin the workforce at a later date. If a worker is expected to be out of the workforce permanently, due to their injury, then they will be considered permanently totally disabled. The benefits which one will receive will be based upon the classification which their disability falls into.
The foregoing is best explained by way of example. Suppose Joe suffers a serious back injury on the job. As a result he has extremely limited movement in his limbs and is considered totally disabled. An evaluation shows that, after a surgery, Joe will be expected to largely recover and will be able to return to his old job. Under this scenario, Joe will be considered temporarily disabled and will receive benefits until he is deemed physically ready to return to work. Now suppose, by contrast, that Joe’s loss of functions are found to be permanent and that he cannot return to work in any capacity. Under this scenario, Joe would be eligible for lifetime disability payments. These payments would typically be two-thirds of Joe’s average weekly wage, but would be subject to a cap. It is important to remember that whether an individual will be considered disabled, and the benefits they will receive, will always depend on the specifics of the situation.
Peoria residents should retain an attorney if they have been totally disabled through a workplace injury
If you have suffered a workplace injury then it is crucial that you retain a workers’ compensation attorney immediately. Failing to obtain your benefits can leave you without the money you need for medical expenses and care. Counsel will be experienced in navigating the system and presenting information which demonstrates that you are not able to return to work in any capacity. The sooner you retain representation, then the more likely you are to have your case handled correctly.
I am a Peoria total disability lawyer who handles both temporary and permanent cases. I understand that this is a serious time in your life and my office will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. My office also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
