Decatur Workers' Compensation Attorney for Permanent Disability

Lawyers Assisting With Total Disability Benefits in Macon County, Sangamon County, and Peoria County

Employees who are injured while working are eligible to receive workers' compensation benefits that cover the costs of medical care and income lost while recovering. However, in cases involving serious injuries, a person may be permanently disabled, and workers' comp benefits should provide compensation for the wages they would have been able to earn throughout the rest of their lifetime. In situations involving permanent and total disabilities, a skilled lawyer can help injured workers receive the benefits they deserve.

At Kanoski Bresney, we have been assisting clients with workers' comp claims for more than 40 years, and we have helped injured workers receive over $100 million in compensation. With our understanding of workers' compensation laws and the procedures followed in work injury cases, we can ensure that you receive the benefits that will provide for your family's needs. During your case, we will make sure you receive respect, response, and results.

Partial Vs. Total Disability

While workplace injuries can have a permanent impact on a person's life, the disability benefits they will be eligible to receive will depend on the seriousness of the injury and how it has affected their ability to work. Permanent disability benefits fall into two categories: Permanent Partial Disability (PPD) and Permanent Total Disability (PTD).

A person may be eligible for Permanent Partial Disability benefits if they have permanently lost the use of certain parts of their body or if their injuries have permanently reduced their ability to work. There are four types of PPD benefits:

1. Wage differential - A disability may require a person to reduce the number of hours they can work or find a different job that pays less than their previous position. In these cases, they may receive disability benefits of two-thirds of the difference between what they previously earned and what they are now able to earn. These benefits will be paid for five years or until a worker reaches the age of 67, whichever happens later.
2. Scheduled injuries - A person can receive a set amount of pay for permanent impairment to certain parts of the body. The Illinois Workers' Compensation Act provides a "schedule" of injuries that specifies the number of weeks of pay that a person can receive for injuries to different body parts. This number of weeks will be multiplied by the percentage of loss of use of the affected body part, and a person will receive 60% of their average weekly wage for that number of weeks. For example, an index finger is worth 43 weeks. If a person who made $1,000 per week suffered an injury that resulted in a 75% loss of the use of that finger, they would receive approximately 32 weeks of pay. 60% of $1,000 is $600, and multiplying that amount by 32 results in a total of $19,200 in PPD benefits.
3. Loss of person as a whole - If an injury results in permanent impairment to a part of the body that is not included in the schedule of injuries, disability benefits will be based on the percentage of loss of a person's ability to work. This percentage will be determined based on the person's age, skills, amount of pain, limitations on the range of motion, and inability to perform work-related tasks. This percentage of loss is multiplied by 500 weeks, and a person will receive 60% of their average weekly wage for that number of weeks.
4. Disfigurement - If an injury results in serious scars or disfigurement to the head, face, upper chest, neck, arms, hands, or lower legs, a person may receive disability benefits for a certain number of weeks. This number will be based on the severity of the disfigurement, and the maximum amount of benefits is 162 weeks. A person will receive 60% of their average weekly wage for that number of weeks. An injured worker cannot receive benefits for both disfigurement and loss of use of the same part of the body.

Permanent Total Disability benefits apply in cases where a person is completely unable to return to any type of work. A person will also be considered permanently disabled if they suffer a loss of both hands, both arms, both feet, both legs, both eyes, or any two of these body parts. A worker who is eligible for PTD benefits will receive two-thirds of their average weekly wage for the rest of their life.

Contact Our Bloomington Permanent Disability Benefits Attorneys

If you have suffered a disability due to a work injury, you will want to be sure you can receive benefits that fully address your medical bills, long-term care, back pay, and the loss of future earnings. The lawyers of Kanoski Bresney can help you file a workers' compensation claim and ensure that you receive the benefits you deserve, and we will also help you identify other sources of compensation, such as Social Security Disability Insurance (SSDI) or third-party claims. To learn more about how we can help with your case, contact us at 888-U-COUNT-2 or 888-826-8682 and set up a complimentary consultation. We assist with work injuries and permanent disabilities in central Illinois, including Sangamon County, Champaign County, Bloomington, Peoria County, Pekin, Macon County, Adams County, Springfield, Schuyler County, Champaign, Quincy, Macomb, Rushville, Decatur, Peoria, McLean County, McDonough County, and Tazewell County.