Permanent Disability in Illinois Workers' Compensation

Most workers hurt on the job recover, return to work, and move on. But some injuries are so severe that a worker can never return to meaningful employment. When that happens, Illinois workers’ compensation law allows the worker to get the biggest benefit which is permanent total disability, or PTD. These benefits are paid for life.

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PTD benefits in Illinois are paid for life with no cap on the length of time. Illinois law also provides for cost-of-living adjustments, meaning benefits increase over time to adjust for inflation.  Illinois also sets minimum PTD payment amounts, protecting lower-wage workers from receiving an inadequate weekly benefit.

PTD benefits can be significant and depending on your age, it is not unusual for settlements to reach the seven figures when you include future medical needs. That is why it is extremely important to have an experienced attorney in your corner. It could be literally the difference of hundreds of thousands of dollars. Below is an overview of how to prove permanent disability under the Illinois Workers’ Compensation Act.

Permanent Total Disability

There are two different ways to  be found permanently and totally disabled.  The first has to do with your injury. Illinois law automatically presumes PTD when a worker suffers the loss (or the loss of use) of both hands, both arms, both feet, both legs, both eyes, or any two of those body parts. The injury itself is enough, no more proof in required. In fact you could keep working and also get PTD benefits.

Even without losing two body parts, a worker can be found permanently and totally disabled if their injury has caused complete disability supported by medical evidence. If your doctors determine there is no work you can reasonably perform, you would qualify for PTD. This is for very serious injuries usually involving the back, head or neck. Often workers will have a surgery and have significant pain that limits there ability to function in most jobs. Or they will choose not to have a surgery and as a result not be able to function in a job.

The key point is that a doctor has to state you are permanently disabled and it should be a credible one, usually an orthopedic or neurologist. You can not state yourself that you can not work and receive these benefits. You need a doctor to agree to that. In doing so, it is really important that you are clear with them about your symptoms and follow their treatment plan. While you can not be forced to have a surgery, you must show a good faith effort with physical therapy and other reasonable treatment. You must anticipate that the insurance company will pick a hired gun IME doctor who will look for any reason to state that you can work.

Odd Lot PTD

There is also a category that some workers have not heard of, and that is Odd Lot Permanent Total Disability. An odd lot permanent total is someone who was injured at work and has permanent restrictions, but isn’t so physically harmed that they can’t do any job.

The key is that when you combine their physical restrictions with other factors, there is no reasonable job market for them. Some examples of those other factors are:

• Age — an older worker who cannot be realistically retrained
• Education level — limited education that makes a career change unrealistic
• Work history — a lifetime of manual labor that restrictions now rule out
• Language barriers — speaking and writing limited English that narrows job options
• Inability to find work — a good faith, documented job search that produces nothing

An older worker with a lifetime of physical labor, limited schooling, and permanent restrictions that rule out manual work might technically be able to sit at a desk. But in reality, no employer is going to hire them because they would not succeed on the job. That’s an odd lot.

In an odd lot case, the injured worker with their lawyer, presents evidence to the Illinois Workers Compensation Commission (IWCC) to show their physical restrictions, age, education, work history, and inability to find appropriate work. This typically involves testimony of a vocational rehabilitation counselor as well as your doctor. Once that is established, then the focus shifts to the employer and insurance company to prove that suitable work is regularly and continuously available.

An Arbitrator at the IWCC will make the final decision in these cases. The difference between winning and losing an odd lot PTD claim can the difference between lifetime benefits of hundreds of thousands of dollars versus a regular settlement which would be worth significantly less.

Finding the Right Attorney and Attorney Fees

PTD and odd lot cases can be incredibly complex and hard fought by the employer and its insurance companies. That is because benefits for life cost the insurance companies a lot of money, and they care about their bottom line. The insurance company might use some sketchy tactics to dispute your claims and evidence. You need a reputable Illinois lawyer who has decades of experience handling these cases to fight on your behalf.

Workers’ comp attorneys work on a contingency fee basis so you pay nothing unless you win. While normally attorney fees are 20% of what is recovered, if you are permanently disabled, the fee will likely be much less. That is because attorney fees are capped after seven years of payments. So it is not unusual for total attorney fees to end up being less than 10 percent of what you receive.

If your injury has left you unable to work, get in touch with us for a free and confidential consultation. We have helped tens of thousands of injured Illinois workers and would love to help you. We know which law firms get great results and fight for their clients. This gives you the best chance of success. Please call us any time at 312-346-5320. We cover all of Illinois.