Permanent VS. Partial Disability

Why Choose Walner Law for Your Disability Claim?

Choosing the right attorney to handle your disability claim could determine the outcome of your case. At Walner Law, we’re committed to fighting for injured workers and ensuring they get the support they need during this challenging time.

Here’s what makes us the right choice:

A legacy of success

Since 1961, Walner Law has helped injured workers secure the compensation they need to rebuild their lives. Our team has decades of experience obtaining fair settlements and verdicts for clients dealing with both permanent and partial disabilities.

Personalized attention

Every case is different, and so is every client’s story. We take the time to understand the details of your situation and build a legal strategy tailored to your specific needs. You’ll always know where your case stands and feel supported.

Strong advocacy against insurers

Insurance companies often focus on minimizing payouts, especially for long-term or permanent disability claims. Our attorneys know how to challenge their tactics and negotiate for the compensation you deserve.

Commitment to your recovery

Disability can take a toll on your life, but you don’t have to navigate the legal process alone. Walner Law is here to help you pursue justice and get the financial relief needed to move forward.

If you’re dealing with a workplace injury and need guidance on your disability claim, Walner Law is ready to stand by your side and help you seek the resolution you deserve.

PERMANENT PARTIAL DISABILITY (PPD) BENEFITS

These benefits are issued if you have completely or partially lost the use of a specific body part or have partially lost the use of your body as a whole. Workers’ compensation does not specifically define “loss of use,” but this generally means that you are unable to do things that you were able to do before your workplace injury.

PPD benefits may be determined by the part of your body that becomes injured and the extent of your loss. Your weeks of compensation may depend on the “value” of that body part. If your injured part must be amputated or it is so wounded that you cannot use it at all, you may be paid your weekly rate for the number of weeks specified by law.

The maximum compensation for PPD benefits is 60 percent of your average weekly income (or the published PPD rate, whichever is lower).

You will also be compensated if you can return to work but at a lower salary — wage benefits are generally determined by calculating the difference between pre-injury and post-injury wages and calculating two-thirds of that amount.

Factors that may be considered in your benefit amount include the following:

• Occupation
• Skills
• Age
• Training level
• Inability to engage in specific duties
• Pain, stiffness, and limitation of movement

PERMANENT TOTAL DISABILITY (PTD) BENEFITS

A permanent total disability is a complete disability that prevents you from performing any work that constitutes “reasonable, stable employment.”

A permanent total disability may be the loss of:

• Both hands
• Both arms
• Both eyes
• Both feet
• Both legs
• Any two such body parts

If you are an employee who has suffered a permanent and total disability resulting from a work-related injury, you are entitled to benefits for your entire lifetime.

If you have been issued PTD benefits and then return to work or get another job, you could forfeit your eligibility for PTD benefits.

If you have been injured in a workplace accident, please contact our office today by calling or filling out our contact form

How Medical Evidence Affects Disability Claims

Medical evidence is one of the most critical elements in determining the outcome of a worker’s compensation claim. It provides the foundation for proving the extent of your injuries, establishing eligibility for benefits, and calculating the appropriate benefit amount.

Accurate and detailed medical documentation ensures the Illinois Workers Compensation Commission has the information needed to evaluate your claim properly.

Maximum medical improvement and your claim

Reaching maximum medical improvement (MMI) is a key milestone in your case. MMI occurs when your doctor determines that your condition has stabilized and is unlikely to improve, even with additional treatment.

Your MMI status determines the transition from temporary benefits, such as temporary total disability or temporary partial disability, to permanent benefits, such as permanent partial disability or permanent total disability.

Without clear medical evidence confirming MMI, your eligibility for permanent disability benefits could be at risk.

Impairment reports

Your doctor’s impairment report is another critical piece of evidence. This document evaluates any permanent limitations caused by your work-related injury, the impact on your specific body part, and your overall ability to work.

For permanent partial disability claims, the impairment report helps calculate the number of weeks you may receive benefits based on the scheduled injury and other factors, such as your future earning capacity and wage differential.

Clear documentation for permanent disability claims

If your injury has permanent limitations, medical evidence helps distinguish between permanent partial disability benefits and permanent total disability benefits.

For example, if you cannot return to your previous job but can perform a new job with restrictions, you may qualify for wage differential benefits under permanent partial disability.

However, if you are permanently disabled and cannot work in any capacity, you may be entitled to permanent total disability benefits.

Presenting clear, comprehensive medical evidence allows injured workers to secure the disability benefits they deserve without unnecessary delays. A worker’s compensation attorney ensures that your medical records fully support your claim for benefits.

A Chicago permanent and partial disability lawyer is the only person who can help you understand the laws and recent changes to these confusing claims.

Compensation Available in Permanent and Partial Disability Claims

Worker’s compensation offers a range of benefits to injured workers based on the nature and severity of their work-related injury. Learning about available compensation helps you plan for your recovery and future.

Temporary total disability benefits

Temporary total disability benefits are available if you cannot work during recovery. These payments typically amount to two-thirds of your average weekly wage and are designed to provide income while you heal. They are paid until you reach maximum medical improvement or can return to work.

Temporary partial disability benefits

If you can return to work but only in a reduced capacity or limited role, temporary partial disability benefits may help cover part of the wage loss. For example, if you work fewer hours or take on light-duty tasks with reduced pay, TPD benefits provide partial income replacement to make up the difference.

Permanent partial disability benefits

If you suffer a permanent injury that affects a specific body part but doesn’t leave you completely unable to work, you may qualify for permanent partial disability benefits. These are calculated based on the Illinois Workers Compensation Commission’s schedule for specific injuries. Factors such as the impairment report, wage differential, and the number of weeks assigned to the injury influence the final benefit amount.

Permanent total disability benefits

Workers who are permanently disabled and unable to perform any type of job may be entitled to permanent total disability benefits. These payments are typically two-thirds of your average weekly wage and are provided for life or as long as you remain permanently disabled.

Wage differential benefits

If your injury requires you to take a new job that pays less than your previous position, wage differential benefits can help cover the financial gap. These benefits provide two-thirds of the difference between your pre-injury and reduced earnings in the new role.

Compensation for permanent disfigurement

Injuries that result in permanent disfigurement, such as scars or other visible impairments, may qualify for additional compensation. This applies when the disfigurement affects your appearance, and you are not already compensated under other benefits.

Scheduled injuries and non-scheduled injuries

Illinois worker’s compensation guidelines assign a specific number of weeks for which you can receive benefits for certain types of injuries. These are known as scheduled injuries.

Non-scheduled injuries, which involve broader impairments not tied to a particular part of body, are compensated differently and consider factors like future earning capacity and permanent limitations.

Lump-sum settlements

Injured workers may settle their worker’s compensation claim through a lump-sum payment. This option provides a single upfront payment rather than ongoing benefits, but it may limit your ability to receive additional compensation in the future.

Vocational rehabilitation and job training

If you are unable to return to your previous job due to permanent limitations, you may be eligible for vocational rehabilitation or job training benefits. These programs aim to help injured workers transition into new roles that align with their abilities.

Medical expenses and ongoing care

All worker’s compensation claims include coverage for necessary medical treatment related to your work injury. This includes doctor visits, surgeries, physical therapy, medications, and specialized care for permanent limitations and temporary disability issues.

Injured workers make informed decisions about their claims when they understand the full range of compensation available.

A Chicago permanent vs partial disability lawyer can assess your eligibility for temporary total disability benefits, permanent partial disability PPD benefits, or permanent total disability PTD benefits while ensuring you pursue the maximum compensation allowed under the law.

Talk with an Experience Disability Lawyer Today

Contact Chicago personal injury lawyers at Walner Law for a free consultation to discuss your options.