Permanent and Total Disability in Illinois Workers' Compensation Cases

Posted over 5 years ago. Applies to Illinois, 3 helpful votes

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1

Specific permanent and total disability

This type of permanent and total disability is when an individual suffers a very specific disability. The list of specific disabilities includes loss of both hands, both arms, both feet, both legs, or two body parts from separate categories. If a worker suffers one of these losses they are considered to have a permanent and total disability. These claims are somewhat rare, due to their severity. Benefits under this section are for life. A claimant may be able to receive these benefits even if they return to work.

2

Non-specific permanent and total disability

Non-specific permanent and total disability is when a doctor determines that an individual's injury is permanent and they are physically unable to work. This may or may not include loss of a specific body part. The key is that a doctor is of the opinion that they are unable to work due to their medical condition. Because this category is less defined, it generally involves disagreement over whether the injury is permanent and total. This type of claim is more common than the specific disability claims described above, but still not the most frequent type of permanent and total disability.

3

"Odd-lot" permanent and total disability

This is the most common type of permanent and total disability claimed in Illinois. In general, workers under the odd-lot category have been given permanent work restrictions by a doctor, and they are claiming that they cannot find work within those restrictions. To dispute this, the employer will try and show that there is work available in a reasonably stable labor market.

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Settlement of permanent and total disability claims

The rate for permanent and total disability is the same as what the injured worker was receiving for temporary total disability -- 2/3 of the average weekly wage. If the claim is not settled, the injured worker will continue to receive their benefits, for life (unless they are able to return to work later on). If the claim settles instead, the worker will receive a lump sum -- one large payment instead of weekly benefits. As a very general guideline, most claims settle for somewhere between five and 10 years of benefits. It is highly recommended that you have an attorney representing you at this point (if not sooner).

Additional Resources

We are a free service that helps injured workers find the right attorney for their case. If you need help finding a workers' comp attorney anywhere in Illinois, or if you have questions about what benefits are available to you, call and speak with one of our staff attorneys. 1-800-517-1614.

Permanent disability and Illinois workers' compensation

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