Workers’ Compensation Permanent Partial Disability Benefits in Illinois

Experienced Chicago-Based Attorneys

Workers’ compensation claims can be a difficult process to navigate for injured employees in Illinois. If an injury or illness permanently affects your maximum income, filing for workers’ compensation permanent partial disability benefits can help you address your lost earning capacity. However, securing these benefits is not always straightforward. 

IL Work Injury Lawyer is an experienced law firm that can help you fight for the payments you deserve after a work-related injury results in a reduced capacity to work. Our Chicago workers’ compensation attorney team will investigate your injury, gather evidence, and help with potential appeals to ensure maximum compensation. 

What Is Permanent Partial Disability (PPD) in Illinois Workers’ Compensation?

The Illinois Workers’ Compensation Act (820 ILCS 305) requires all employers in the state to carry workers’ compensation insurance to protect their employees (with few exceptions). Workers’ comp benefits can include medical expenses, disability payments, vocational rehabilitation, and death benefits.

One category of wage replacement is permanent partial disability (PPD) benefits. This program applies when a worker sustains a lasting impairment from a job injury or illness, but is still able to work in some capacity. It’s important to know that the American Medical Association provides the standardized framework that physicians use to assess impairment ratings, which are essential for calculating PPD benefits.

What Types of Permanent Partial Disability Benefits Are Available in Illinois?

If you have a permanent impairment because of a workplace injury, our legal team can help you secure workers’ compensation benefits through four disability categories:

Scheduled Injury Awards – Depending on the specific body part that was affected by the incident, you will receive a disability rating based on a statutory schedule. This could apply to the loss of function in a hand, arm, leg, eye, or other specific body part. 

Wage Differential Benefits – If the injury forces you into lower-paying job duties, you can receive wage coverage under this category.

Disfigurement Benefits – If you receive visible scars, burns, or other disfigurements in visible areas, you can apply for disfigurement payments through workers’ comp insurance. 

Non-Scheduled Injuries – For injuries that involve multiple body parts or are not included in the statutory schedule, you will receive benefits based on the percentage loss of use of the body as a whole. 

How Are PPD Benefits Calculated?

When you receive benefits through workers’ compensation, they are generally calculated as two-thirds of your average weekly wage (AWW). For a partial disability, this would mean two-thirds of the difference between your original income and your reduced income. 

AWW is calculated by adding your total earnings from the previous 52 weeks before your workplace injury results in reduced work capacities. AWW will account for overtime, bonuses, on-call pay, and other unique payment structures. This total is then divided by 52 to determine the AWW. You can then multiply this number by .66 to get a rough estimate of your maximum benefit. 

For scheduled injuries, you can estimate your payments using the Illinois schedule of injuries table. 

When Is Permanent Disability Determined After a Work Injury?

Permanent partial disability benefits are typically not given before reaching maximum medical improvement (MMI). MMI is determined by your treating doctor when it is understood that you have reached the best possible condition through medical treatment. 

At this point, you may transition from temporary disability to permanent disability benefits. 

What Is the Permanent Impairment Rating?

Permanent partial disability benefits are based on your impairment rating. This is a percentage of partial loss of function that results from your workplace accident. The permanent impairment rating will determine the length and amount of your payments from workers’ comp benefits. 

What Medical Care Do Permanent Disability Benefits Cover?

Workers’ comp can cover all reasonable costs associated with your medical treatment, even while you are receiving partial disability benefits. Relevant costs that could be covered include physical therapy, surgery, pain management, medications, assistive devices, and other necessary treatments. 

How to Prove Permanent Partial Disability in Illinois

One of the primary challenges you will face with your claim is proving disability. First, you must provide evidence that the injury or illness is work-related. You must also demonstrate the severity of the damage and how it has affected your ability to work.

Types of evidence that can support your claim include medical records, impairment rating documentation, functional capacity evaluations, and testimony from the treating doctor. 

Common Disputes Over PPD Benefit Payments

The insurance company will attempt to dispute various aspects of your claim to avoid a large payout. You must be prepared to gather evidence to counter some of these claims, and a top attorney from our firm can strengthen your case.

Here are some potential disputes that could hold up or reduce your settlement offer:

• Arguing the impairment rating
• Disagreeing over whether the injury qualifies for scheduled or non-scheduled benefits
• Disagreeing over wage difference eligibility
• Claiming the injury did not occur within the scope of your job duties
• Challenging the medical findings from your physician

Our lawyers know what it takes to prove your eligibility for permanent partial disability (PPD) benefits. Whether you need help filing your initial claim or appealing an unfair decision, we can guide you through the legal process. 

How Long Do PPD Benefits Last?

The duration of your PPD benefits will depend on the category of the PPD award. For example, scheduled injuries usually have a set number of weeks when the insurance company is paying benefits. Wage differential benefits can last up to five years or until the age of 67, whichever is later.

Consult our expert attorneys to learn more about how long your PPD benefits may last with Illinois workers’ compensation.

Can Partially Disabled Workers Receive Other Compensation Alongside PPD?

If you receive permanent partial disability payments, you may still be eligible for other forms of compensation. Initially, you may have applied for temporary partial disability, which is given before reaching maximum medical improvement (MMI). You could also secure Social Security payments on a monthly basis from the federal government if you have paid into this program.

Another type of compensation can come from a third-party liability lawsuit. If someone other than your employer caused the workplace accident, you can seek a lump-sum workers’ comp settlement from the at-fault party. Potentially liable parties could include contractors, manufacturers, project managers, and property owners. 

With this type of claim, you can pursue compensation for lost income, lost earning capacity, medical costs, emotional distress, and pain and suffering. 

How to File for Workers’ Compensation Benefits in Illinois

Even if you have substantial evidence about your permanent partial disability and can prove it occurred during your employment, you must still follow the appropriate process for filing a claim. Here are the important steps you should follow after a work-related injury to adhere to state law:

• Report the injury to your employer within 45 days to be eligible for permanent disability payments
• Seek immediate medical attention
• Document all treatment
• Obtain an impairment rating from a qualified doctor
• File the claim with the Illinois Workers’ Compensation Commission (IWCC)
• Consult our law firm for insufficient compensation or a claim denial

How IL Work Injury Lawyer Can Help

Our law firm knows what it takes to prove a work-related injury and secure permanent total disability or other benefits. We maintain a five-star rating from AVVO and are recognized among the top 5% of attorneys by Super Lawyers. 

Our company will negotiate for maximum PPD awards, gather strong medical evidence, and handle disputes with the IWCC to support your claim. 

Book a Free Consultation

Our attorneys work on a contingency fee basis, which means you pay nothing unless we win. If you have suffered a permanent impairment because of a workplace accident, our team can help you fight for a lump-sum payment or ongoing benefits to secure financial support. 

We also offer a free consultation, allowing you to ask questions about PPD benefits, pre-injury wages, and your impairment rating. Contact us today to schedule your free case evaluation with a Chicago work injury lawyer.