How Are Permanent Disabilities Evaluated in Illinois?

When you sustain an injury on the job, it can be frustrating. However, when you learn that the injury you’ve sustained is so severe it will impact you for the rest of your life, you may be devastated. Unfortunately, permanent disabilities caused by workplace injuries are not uncommon, so it’s critical to understand your legal options if this reflects your circumstances. The following blog explores what you should know about these matters, including the benefits of working with an Illinois workers’ compensation attorney to help guide you through these difficult matters.

What Benefits Are Available for Those Who Sustain Permanent Disabilities?

If you have suffered a permanent disability as a result of a workplace accident, it’s critical to understand that you will generally be entitled to some form of compensation for the damages you’ve sustained. In Illinois, there are two options available for those who are determined to have sustained a permanent disability: permanent total disability and permanent partial disability.

Generally, the difference between these two categories lies in a worker’s ability to sustain employment. With a permanent, partial disability, you are generally able to work, though you may face restrictions as a result. For example, if you worked in long-haul trucking and sustained an injury on the job that resulted in the amputation of your legs, you would be unable to return to work in this capacity. However, you are still able to perform other jobs. As such, you would qualify for permanent temporary disability. The compensation you can recover will depend on the injury you sustained, as Illinois has a valuation system in place.

Permanent total disability occurs when your doctor deems that you are unable to return to work in any capacity following your injury. This is determined once a doctor confirms you have reached maximum medical improvement, meaning your injury will no longer heal and no significant improvement in your condition will occur.

How are These Ratings Determined?

As mentioned, Illinois has developed a system that allows an injured employee to recover compensation based on the injury sustained. Each body party is given a number of weeks, and the workers’ compensation commission will assign a percentage of loss to each body party. This is then entered into a formula to determine how much a worker is entitled to following an injury.

Generally, a medical provider will determine whether or not you are considered permanently, totally disabled. However, you’ll find that the following injuries typically constitute total disability:

• Partial or total paralysis
• Traumatic brain injury
• Hearing loss
• Limb loss
• Any injury that results in permanent limited or loss of mobility
• Loss of sight
• Illnesses like cancer
• Injury caused to the lungs by exposure to harmful substances

As you can see, recovering compensation for the permanent disabilities you’ve suffered following an on-the-job injury can be incredibly difficult. That is why it’s in your best interest to work with an experienced attorney with the Law Firm of Kevin A. Moore to assist you in the fight for the justice and funds you deserve. When you are ready to file your claim, do not hesitate to contact our firm to learn how we can help you.