Disability Payments in Elgin Workers’ Compensation Claims

Disability, as it relates to workers’ compensation, means that a person’s work-related injury prevents them from doing their former job. This tends to be temporary in nature, with the expectation that they will heal and be able to return to their job. But the period without an income can be a stressful time, which is why you should consult with a compassionate workers’ compensation attorney. A trusted legal advocate could use their knowledge and experience to explain disability payments in Elgin workers’ compensation claims.

What is Temporary Partial Disability?

Temporary partial disability means that a person might be limited in how much they are able to work (20 hours instead of 40 hours, for example) but that they are expected to eventually get better. In these cases, workers’ compensation pays them the difference that they are no longer making because of their medical restrictions.

A person might be put on temporary partial disability if they cannot tolerate the frequency of motion that is expected in their job. However, even a relaxed work duty is somewhat rare when dealing with workers’ compensation. Most doctors will want the patient completely off of work so they can properly heal. The most common situation where this might play a factor is if the person works two jobs. If they get injured at one job, the injuries might prevent them from working the other, so temporary partial disability makes up for that lost income.

What is Temporary Total Disability?

Temporary total disability is when a doctor writes a patient off of work due to a total inability to do the job; thus making them eligible for weekly paychecks until they have healed. Despite the name, it does not mean that the patient is completely disabled across their whole body. Nearly any type of injury can lead to this kind of disability payment in an Elgin workers’ compensation claim.

What is Permanent Partial Disability?

Permanent partial disability ostensibly means that the disability will continue to exist after the injury has healed but that a person should still be able to perform some of their job duties. However, Illinois case law supports settlements for permanent partial disability even if the worker makes a full recovery. For example, if someone breaks their leg and receives a non-displaced fracture, it can heal completely back to normal but will still receive a permanent partial disability rating. This could also lead to more severe medical restrictions but nearly every injury under state law has some kind of permanent partial disability in the legal sense.

If a disability is permanent and severe enough that a person will no longer be able to work ever again, it is possible to secure weekly paychecks for the rest of their lives. Disability payments for local workman’s comp claims do not necessarily have an expiration date in the most extreme cases.

Is Worker’s Compensation Related to State Disability Benefits?

Workers’ compensation is separate and unrelated to state-provided disability benefits. Worker’s compensation exists in the state under the Workers’ Compensation Act, and if the conditions of an injury fall under the purview of that act, then the worker will be entitled to benefits. State-provided disability benefits are not tied to a job or a workplace accident and the criteria to qualify is stricter than with workers’ comp.

Discuss Disability Payments in Elgin Workers’ Compensation Claims with an Attorney

In addition to the difficulties of recovering from a major injury, the aftermath of a workplace accident also frequently involves the worker spending large amounts of time away from their job. This can be a scary prospect if they are relying on that income. Fortunately, you can file for disability payments in an Elgin workers’ compensation claim with the aid of a lawyer. Get in contact with one now to learn what is available to you.