Understanding Permanent Disability In Lake County Workers’ Compensation

Understanding Permanent Disability In Lake County Workers’ Compensation

When a workplace injury leaves you with a permanent disability, the impact on your health, career, and financial stability can be significant. As Illinois workers’ compensation attorneys, we’ve helped countless individuals throughout Lake County who are dealing with life-altering injuries and unsure of their rights. Workers’ compensation laws in Illinois provide benefits for employees who suffer permanent disabilities as a result of on-the-job accidents or occupational diseases. However, the rules surrounding permanent disability claims are complex and often misunderstood. That’s why we believe it’s important to explain how these benefits work, what you’re entitled to, and how we can help protect your future.

If your injury prevents you from returning to your former job—or limits your ability to work at all—you may qualify for permanent partial or permanent total disability benefits. These benefits are not automatic, and the insurance company may not offer you a fair settlement without legal representation. Our job is to make sure your claim reflects the full extent of your losses under Illinois law.

What Permanent Disability Means Under Illinois Law

In Illinois, permanent disability refers to a lasting impairment that remains after you’ve reached maximum medical improvement (MMI). That means your condition has stabilized and isn’t expected to improve significantly with further treatment. Once you reach MMI, your doctor will evaluate the lasting effects of your injury, which will help determine whether you’re eligible for:

• Permanent Partial Disability (PPD)
• Permanent Total Disability (PTD)

According to the Illinois Workers’ Compensation Act (820 ILCS 305), these benefits are designed to compensate you for the lasting loss of function, disfigurement, or inability to earn wages.

Types Of Permanent Partial Disability (PPD)

Most injured workers fall under the category of permanent partial disability. There are four ways that PPD can be calculated under Illinois law:

1. Scheduled Loss of Use – Compensation based on a chart found in Section 8(e) of the Illinois Workers’ Compensation Act. Each body part is assigned a certain number of weeks of compensation. For example, the loss of use of an arm is worth up to 253 weeks of pay.
2. Unscheduled Loss of Use – Used when the injury affects a body part not listed on the schedule, such as the spine or internal organs. The court may award a percentage of 500 weeks based on the severity of the disability.
3. Wage Differential – If you’re forced to take a lower-paying job due to your injury, you may be entitled to two-thirds of the difference between your previous and current wages under 820 ILCS 305/8(d)1.
4. Disfigurement – If your injury caused permanent visible scarring or disfigurement to your face, head, neck, or other exposed area, you may be entitled to up to 162 weeks of compensation, as outlined in Section 8(c) of the Act.

Permanent Total Disability (PTD)

If your injury leaves you unable to perform any type of gainful employment, or if you lose the use of both hands, arms, feet, legs, eyes, or a combination thereof, you may qualify for permanent total disability. Under 820 ILCS 305/8(f), PTD benefits are paid for life at two-thirds of your average weekly wage, subject to minimum and maximum limits set by the Illinois Workers’ Compensation Commission (IWCC).

These cases are heavily scrutinized by insurers, so we take extra care to build strong medical and vocational evidence to prove our clients’ total inability to work.

How Permanent Disability Benefits Are Calculated

The amount of your permanent disability compensation depends on several factors, including:

• The part of the body affected
• The percentage of loss of use
• Your average weekly wage before the injury
• Whether you return to work at a lower-paying job

Each case is unique. For example, two people with similar back injuries may receive different benefits depending on their occupation, wage history, and long-term prognosis. That’s why it’s important to have an attorney who knows how to value a claim accurately and negotiate with insurance companies.

Medical Evidence Is Key To A Strong Claim

In permanent disability cases, your doctor’s opinion carries a lot of weight. We work closely with your treating physician and, if needed, independent medical experts—to document the full extent of your impairment. This includes physical limitations, pain levels, necessary restrictions, and how your condition affects your ability to earn a living.

We also assist with Functional Capacity Evaluations (FCEs), vocational assessments, and obtaining second opinions if the insurance company questions your disability rating.

Filing Deadlines And Legal Process

You must report your injury to your employer within 45 days under 820 ILCS 305/6(c). To file a formal workers’ comp claim for permanent disability, we help you submit an Application for Adjustment of Claim with the IWCC within three years of the injury—or two years from the last benefits payment, whichever is later.

Permanent disability claims can go to trial before an arbitrator if no settlement is reached. We prepare every case as if it will go to a hearing, which allows us to push for fair settlements and protect your rights in court if necessary.

Frequently Asked Questions About Permanent Disability In Illinois Workers’ Compensation

What Is The Difference Between Permanent Partial Disability And Permanent Total Disability?

Permanent partial disability (PPD) refers to an injury that causes a lasting impairment but still allows you to perform some work. Permanent total disability (PTD) means you can no longer work at all due to the severity of your injury. PPD benefits are usually based on loss of use or wage differential, while PTD benefits provide lifetime payments at two-thirds of your previous weekly wage.

Can I Work While Receiving Permanent Partial Disability Benefits?

Yes. PPD benefits are designed to compensate you for permanent limitations, not necessarily prevent you from working. You can return to work if your doctor clears you, and your benefits will reflect the impact your injury has had on your earning capacity.

How Do Doctors Determine The Extent Of My Permanent Disability?

After you reach maximum medical improvement, your doctor will perform a final evaluation of your condition. They may use medical guidelines and diagnostic tools to determine your level of impairment. We often assist by coordinating independent medical evaluations and obtaining second opinions to ensure a fair assessment.

Do I Need A Lawyer To Settle My Permanent Disability Claim?

Yes, it is highly recommended. Insurance companies often offer low settlements that don’t reflect the long-term consequences of your injury. We make sure your case is properly valued, supported by medical evidence, and in compliance with Illinois law before any settlement is signed. Once a settlement is approved by the IWCC, it is binding.

Can I Reopen My Case If My Condition Gets Worse?

In most cases, once a settlement is finalized and approved by the IWCC, it is considered closed. However, if you receive ongoing benefits or leave part of the claim open, we may be able to pursue additional compensation. It’s critical to understand your rights before agreeing to any settlement.

Call The Law Offices Of Robert T. Edens, P.C. For Help With Permanent Disability Claims

If you’ve suffered a permanent injury at work and need help securing fair workers’ compensation benefits, we are here to help. At The Law Offices of Robert T. Edens, P.C., we fight for injured workers throughout Lake County and across Illinois. We handle everything—from paperwork and medical evidence to hearings and settlement negotiations—so you can focus on your recovery and long-term well-being.

Contact our Illinois workers’ comp lawyers at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation. We represent clients from our conveniently located offices in Antioch, Waukegan, and Woodstock, I. Let us help you get the compensation you deserve for your permanent disability.