Permanent disability after an injury causes a life change that many accident victims endure when a collision or workplace accident results in lasting impairments. When facing a serious injury, the physical suffering often comes hand in hand with anxiety about how to support oneself in the long term. Illinois legislation acknowledges that certain injuries result in permanent functional limitations, providing legal avenues to ensure victims obtain the financial support they need to maintain their quality of life and address ongoing medical expenses.
If you are dealing with a long-term impairment, reach out to Chute, O’Malley, Knobloch & Turcy, LLC at 312-775-0042 to discuss your rights.
What Is Considered a Permanent Disability After an Injury in Illinois?
In Illinois, a permanent disability is defined as a lasting impairment expected to persist for life or an indefinite period, often reached when a doctor determines you’ve hit Maximum Medical Improvement (MMI). This doesn’t mean total paralysis or inability to speak; it can involve permanent impairment of a physical or mental function. In 2021, over 7,806 people were hospitalized for traumatic brain injuries in Illinois, many leading to lifelong disabilities. This underscores the challenges residents face when adjusting to permanent disability, which falls into two main categories under Illinois law.
- Permanent Partial Disability (PPD): This occurs when you have lost function in a specific body part, such as a limb or finger, or have experienced a partial disability affecting your entire body. While you may still be able to work, your capabilities are limited.
- Permanent Total Disability (PTD): This is where you are completely and permanently unable to perform any kind of work for pay. This can also apply if you have lost the use of two specific body parts, like both hands, feet, or eyes.
It’s crucial to identify which category fits your injury, as this will influence the calculation of permanent disability compensation in Illinois. Consulting a workers’ comp lawyer can aid you in reviewing your medical documentation to make sure you’re adequately informed before you decide to accept a settlement offer. Your impairment is correctly classified before you accept a settlement offer.
What Compensation Does Illinois Law Allow for Permanent Disability Claims?
In a claim for permanent disability after an injury, Illinois law allows you to recover financial compensation known as damages. In Illinois, these damages are categorized into economic and non-economic types. Economic damages cover tangible losses like medical costs, lost earnings, and future care. Given that permanent disability is lifelong, the implications are significant compared to standard injury cases.
In personal injury lawsuits, you can claim non-economic damages for pain and suffering and loss of normal life, which are not capped in Illinois. This addresses the emotional impact of a permanent disability on daily life. Conversely, workers’ compensation claims have a more structured approach, calculating compensation based on a percentage of your average weekly wage, with different methods used for Permanent Total Disability and Permanent Partial Disability cases.
Permanent Total Disability (PTD)
To qualify, a worker must be permanently and completely unable to engage in any kind of work. The benefit provided will be two-thirds of the Average Weekly Wage (AWW) for life, while also adhering to the minimum and maximum limits established by the state.
Permanent Partial Disability (PPD)
Body parts, such as hands, feet, or eyes, are assigned timeframes for benefits based on a predetermined number of weeks, calculated as a percentage of the AWW during that time. In contrast, injuries affecting areas like the back or spine are evaluated differently; benefits are tied to how the injury impacts your ability to earn in the future. If you end up taking a job that pays less than your previous one, you can receive two-thirds of the difference in wages between the two positions. Additionally, compensation is available for permanent scarring in noticeable areas, including the face, neck, arms, or hands.
You should never accept a settlement offer from an insurance company before your doctor confirms you’ve reached MMI. Doing so may leave you underfunded for future care. To avoid having your needs undervalued, it’s wise to call a personal injury lawyer who can consider long-term costs like home modifications, medical equipment, and future earnings loss.
How Is Permanent Disability Proven in an Illinois Injury Case?
In Illinois, to prove permanent disability, you must show that an injury leads to lasting impairment that hinders work or reduces earning potential, even after maximum medical improvement (MMI). This typically involves thorough medical documentation, functional evaluations, and sometimes vocational evidence to demonstrate the inability to engage in any meaningful employment.
Medical Evidence and Documentation
To establish your Illinois permanent injury claim, show that you have reached MMI, indicating your condition is stable and won’t improve with further treatment. Physicians assess impairment using objective guidelines to assign a percentage of permanent loss, accounting for limitations in functions such as lifting or sitting. It’s crucial to maintain detailed medical records, including diagnostic tests and treatment notes. PPD can be classified as either a “scheduled loss”, like a limb loss, or a percentage regarding the person as a whole, like a back injury.
Functional Capacity Evaluation (FCE)
An FCE is an essential, comprehensive assessment conducted by a healthcare professional to evaluate your current physical capabilities compared to your pre-injury condition.
Proof of Inability to Work for PTD
To claim you are 100% permanently and totally disabled, you must demonstrate you can’t return to any employment. PTD is automatically granted if you lose two or more body parts. Even if you can perform minimal work, you might still qualify for total disability under the “odd-lot” doctrine if you prove that, due to various factors, there’s no viable job market for you. Documenting unsuccessful job searches for light-duty roles is vital for this claim.
Vocational Evaluation
A vocational expert may assess your transferable skills to determine your employability within the current job market, considering your medical restrictions.
Independent Medical Examinations (IME)
Insurance companies may request an IME from one of their doctors to challenge your disability severity. It’s essential that your treating physician’s evaluations are consistent and well-documented to counter lower impairment ratings from the IME.
Living with a permanent disability after an injury can be challenging, but the legal system can help prevent financial ruin. By holding those responsible accountable or making a workers’ comp claim, you can access vital support to maintain your independence and quality of life in Naperville.
If you’re ready to take the next step in your recovery, contact us at Chute, O’Malley, Knobloch & Turcy, LLC to get a lawyer and secure your compensation.
Frequently Asked Questions
What qualifies as a permanent disability under Illinois law?
A permanent disability in Illinois is a lasting impairment, mental or physical, that is expected to endure for life, recognized legally once you reach Maximum Medical Improvement (MMI).
How much compensation can I receive for a permanent disability injury?
Compensation varies widely based on the disability’s severity, your previous earnings, and the impact on future income. Workers’ compensation uses set formulas, while personal injury claims can seek more substantial damages, including for pain, suffering, and quality of life.
Do I need a lawyer to pursue a permanent disability injury claim in Illinois?
While hiring a lawyer isn’t mandatory, it’s advisable. These cases involve medical details and financial implications, and an attorney can help you avoid settling for less than what you’d need for future costs and lost income.
