Partial Disability
Workers’ Compensation Attorneys for Employees in Schaumburg and Wheaton
After a workplace accident, it may be difficult to know what to do next. If you have been injured on the job, you may be entitled to partial disability benefits. At Therman Law Offices, our Wheaton and Schaumburg workers’ compensation lawyers can examine the facts of your case and determine the viability of your claim. With more than 35 years of combined experience, we understand how to navigate these types of situations and advance your right to the benefits that you deserve for your harm.
Understanding the Role of Partial Disability Benefits
Workers’ compensation benefits are typically available to injured employees regardless of whose fault an accident was. Workers’ compensation is a type of insurance that is paid entirely by the employer for the benefit of the employee. It is designed to cover medical expenses, lost wages, and disability benefits in the event that an employee is injured or sustains an illness because of an on-the-job incident.
Temporary partial disability (TPD) benefits are appropriate when a worker is injured on the job but is still recovering from the injuries. As a result, they may be able to return to work but not necessarily carry out all of the same tasks that they could before the injury. Unlike with temporary total disability (TTD), the worker has not been instructed to stay home by a doctor. Instead, they have been released to some type of light duty or restricted duty.
If the worker were able to earn as much on light or restricted duty as they were earning prior to the accident, no TPD benefits would kick in. TPD benefits would come into play, however, if there were a difference in pay between the worker’s regular job and the light or restricted duty job. Put another way, TPD benefits are intended to make up the difference between the regular wage and the new, decreased wage.
In some cases, employees may suffer a permanent impairment, which may entitle them to permanent partial disability (PPD). PPD benefits are appropriate in cases in which the employee is not totally disabled but has some type of long-lasting physical loss that prevents them from being able to work at the level that they could prior to the injury. For example, if an employee suffered a partial loss of vision, they may still be able to work but would be unable to do the same kind of work as before the injury.
When it comes to PPD benefits, the amount of compensation that a worker will be entitled to receive is based on a standard formula. Each body part is assessed based on its importance in relation to the overall function of your body. For instance, the value of a worker’s legs would be higher than the worker’s fingers. The Illinois Workers’ Compensation Commission will calculate PPD benefits by using the following four elements: scheduled injury, wage differential, permanent loss of person as a whole, and disfigurement. It is important for you to discuss each of these elements with your attorney because compensation is often determined by a combination of these factors.
The Illinois Workers’ Compensation Commission will make a PPD determination once an employee has reached their full maximum medical improvement. This essentially means that the injured worker’s doctor has evaluated the worker and decided that no further medical improvement is likely. At that point, the injured worker may be declared permanently disabled, since there is no foreseeable medical treatment that might improve the worker’s condition any further.
Retain a Job Injury Lawyer to Pursue Benefits
An injury or illness sustained on the job may have serious and long-term consequences for an employee. If you have been injured in a workplace accident, you need to speak to an attorney as soon as possible. At Therman Law Offices, we are committed to helping injured workers understand and vindicate their rights. We represent employees in Schaumburg and Wheaton, as well as Norwood Park, Edison Park, Harwood Heights, Norridge, Elmwood Park, Park Ridge, Des Plaines, Rosemont, Elk Grove Village, and Mt. Prospect. To schedule a free case evaluation with an injury attorney, call us at 312-588-1900 or contact us online.
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Wheaton & Schaumburg 847-744-8400