Understanding the difference between temporary and permanent disability benefits in Chicago, Illinois, is instrumental in knowing the type of benefits entitled to you after a work-related injury or condition. Temporary disability benefits offer financial support to employees who cannot work at full capacity for a limited period due to their injuries. Permanent disability benefits, on the other hand, are available for work injuries that have a long-term impact on a worker’s ability to perform job duties.
Workers’ compensation lawyers in Illinois know the difference between temporary and permanent disability benefits and can review your case to determine which applies to your situation. They can handle the legal process of pursuing workers’ compensation benefits while you continue receiving treatment and recovering from your injuries.
If you or a loved one has suffered a work-related temporary or permanent disability and need legal support, call Martay Law Office at 312-374-6403.
In Illinois, these benefits are available to workers who cannot complete their duties for at least three consecutive working days. You need medical evidence of your temporary disability to qualify for temporary disability benefits.
Temporary disability benefits under the Illinois Workers Comp Act fall into two main categories:
You will qualify for these benefits if your injuries keep you from working for three days. You will receive compensation after you miss work for 14 working days. TTD benefits are two-thirds of your original average weekly earnings, up to the maximum statewide average weekly wage (SAWW). This amount changes twice a year. The maximum for the first six months of 2024 is $1,897.92. You will keep receiving TTD benefits until your treating doctor declares you fit to return to work.
You may get TPD benefits if you can perform light or modified work duties during your recovery journey. You can determine the amount of these benefits by calculating the difference between your earnings before the injury and your current earnings. Then, you find two-thirds of that figure. The resulting amount will be subject to your minimum and maximum SAWW.
These benefits cover work-related injuries or conditions that leave workers with permanent impairments or disabilities. These impairments may keep affected workers from working in the same capacity as before. Like temporary disability benefits, there are two types of permanent disability benefits.
Your doctor will examine you to ascertain if your ability to work is still limited despite reaching maximum medical improvement. The doctor will declare your disabling condition permanent and total if you cannot perform any work-related tasks or some of your essential body parts are no longer functioning. These parts include legs, feet, hands, arms, or eyes.
This declaration will allow you to collect PTD benefits for the rest of your life. The amount of PTD benefits will be equivalent to the TTD benefits.
You may obtain PPD benefits if the loss of use of body parts prevents you from performing tasks you used to perform before the injury. PPD benefits further fall into four classes:
An accomplished workers’ compensation lawyer can explain your legal rights and guide you through the claims process. The lawyer can also carefully analyze the unique facts of your case to determine if you can get workers’ comp and disability benefits.
Temporary and permanent disability benefits differ in duration, effect on ability to work, payment determination, and purpose.
Temporary disability benefits stop when you can safely go back to work or when you reach MMI. Permanent disability may last for the rest of your life, as they are meant for impairments that are unlikely to register meaningful improvement over time.
Temporary disability benefits are meant for injuries that impact your ability to work partially or completely for a limited period. Permanent disability benefits apply to injuries, impairments, or disabilities that completely or partially affect your ability to work for the rest of your life.
Temporary disability benefits are based on a percentage of your pre-injury average weekly income. Benefits for permanent disabilities or impairments, on the other hand, take into account the type and severity of the disabling injury or condition.
Temporary disability benefits provide financial support as you recover from your work-related injury or condition. Benefits for permanent disabilities replace wages lost over time because of the disability or impairment.
A work injury or illness can easily overwhelm you with stress, especially if you choose to work alone. You will experience physical pain associated with your injuries, pushing to recover medical benefits to pay your accruing medical bills, and struggling to meet your daily financial obligations.
Such circumstances can prevent you from handling the claims process properly and lower your chances of obtaining reasonable compensation. That’s why you should hire a lawyer who knows how workers’ comp works, so you can keep up with your treatment and recovery without worrying about your case. The lawyer will help you in the following ways:
Most employees are eligible for compensation under the Illinois Workers’ Compensation Act. Special eligibility requirements, however, apply to certain types of employees, including domestic workers, agricultural workers, and seasonal workers. A lawyer can take a look at your unique situation to determine if you are eligible.
You will have compelling grounds for a workers’ comp claim if you are an employee, your employer has workers’ comp insurance, and you can show that you have a job-related injury or illness.
Your workers’ comp lawyer is conversant with the four types of workers’ compensation benefits and can determine which ones apply to your situation. The lawyer will also determine whether your benefits are enough to pay your medical bills and other expenses.
Your lawyer will gather the evidence necessary to build a compelling workers’ comp claim. This process may involve obtaining medical records, compiling eyewitness accounts, and assembling work-related documents like standard operating procedures and accident reports. It may also involve collecting financial records like medical bills, pay stubs, and receipts for all costs related to your injury.
The lawyer will issue subpoenas to force unresponsive doctors or hospitals to produce your medical records or uncooperative witnesses to attend depositions. Your lawyer will also perform thorough legal research and consider all laws, provisions, and precedents relevant to your workers’ comp case.
Up to 86% of workers’ compensation cases filed with the Illinois Workers’ Compensation Commission in 2020 ended in out-of-court settlements. This statistic shows that negotiation with workers’ comp insurance companies is essential in recovering fair compensation for work-related injuries or illness.
Insurance companies prioritize maintaining or improving their profit margins over the interests of claimants. They use tactics to devalue or deny claims. They may, for instance, trick you into admitting liability or making statements that hurt your case. Your lawyer can communicate with your employer’s workers’ comp insurer without putting your claim at risk. The lawyer can support your claim with irrefutable evidence to help you negotiate from a position of strength, not weakness.
Martay Law Office in Illinois has the required expertise and resources to handle your workers’ compensation case and recover the maximum allowed benefits. Contact us for a free, no-obligation case evaluation.
