Dealing with a partial or total permanent disability from an accident usually means ongoing medical expenses. Fortunately, workers’ compensation is designed to ease the financial burden and allow employees to receive the support they need.
If you were hurt while performing your job duties, you may be eligible for compensation under workers’ comp laws. To understand how Waukegan permanent disability workers’ compensation claims work, you need to consult an experienced attorney from Schlack & Bassmaji.
The approach to filing the correct permanent workers’ compensation claim depends on the type of disability a worker is facing. The two types are “total” and “partial.”
A permanent total disability (PTD) is a condition where an employee cannot return to any form of gainful employment. This type of disability is considered permanent, which means that the worker’s condition is not expected to improve over time. Due to that, they are not capable to performing any job duties, either at their previous place of work or in any other occupation. Examples of PTD are:
Workers’ compensation for people with PTD should include both medical expenses and loss of earning capacity.
A permanent partial disability (PPD) occurs when a worker sustains a work-related injury or illness that results in a permanent impairment but does not completely prevent them from working. Examples are:
In such cases, the worker may still be able to perform some job duties, either in a limited capacity within their previous role or in a different occupation. Permanent partial disability benefits have to compensate for the reduced earning capacity.
Before filing a permanent disability workers’ compensation claim in Waukegan, the injured worker needs to consult an attorney. While it may seem that these are straightforward, they are often full of specific legal issues. Filing mistakes can lead to delays, or even claim denials.
The injured worker needs to file a claim with the insurance company and the Illinois Workers’ Compensation Commission, but before doing this, they need to notify their employer. This has to be done within 45 days of the incident. The case with the commission has to be filed within 3 years of the incident.
If the worker in Waukegan files a successful permanent disability workers’ compensation claim, they can be eligible for several types of benefits. For PTD claims, these include ongoing wage replacement payments, often calculated as a percentage of the worker’s pre-injury earnings. These benefits have to compensate for the worker’s complete inability to return to any form of employment.
In PPD cases, the worker may receive benefits based on the extent of their impairment and its impact on their earning capacity.
If you are eligible for permanent disability workers’ compensation, you need to fight for your rights. Since payouts can help you and your family avoid going into medical debt, you have to make sure all legal bases are covered.
An experienced personal injury attorney from Schlack & Bassmaji can provide detailed assistance with Waukegan permanent disability workers’ compensation claims. We help injured employees get the money they deserve, so call us for a free consultation today. For your convenience, our team can conduct business in Spanish.
