What are Permanent and Total Disability Awards for Workers' Compensation?
When a workplace injury leaves an employee unable to return to their job, or any job, they may be eligible for a permanent and total disability (PTD) award under workers' compensation. This type of compensation is crucial for those whose injuries are so severe that returning to gainful employment is impossible. Understanding the process and how these awards are determined can help injured workers navigate their rights more effectively.
In this blog, we’ll break down what a permanent and total disability award is, how it’s determined and what it means for you if you’ve suffered a life-altering workplace injury.
What is a Permanent and Total Disability Award?
A permanent and total disability award under workers’ compensation is a type of benefit given to workers who are deemed permanently and completely unable to work due to a job-related injury or illness. In Illinois, where Black & Jones Attorneys at Law is based, this benefit provides injured workers with ongoing weekly payments for life, as long as they remain unable to work.
This type of benefit is different from temporary disability benefits, which are given to workers during their recovery period. A permanent and total disability award is meant for individuals who, despite medical treatment, are unable to return to any form of employment. These benefits help replace lost income and cover medical expenses, ensuring that injured workers receive the support they need long-term.
How is Permanent and Total Disability Determined?
Determining whether a worker qualifies for permanent and total disability can be a complex process. The Illinois Workers’ Compensation Commission typically relies on several factors, including:
Medical Evidence: The injured worker’s medical records are crucial in establishing whether their injury or illness is permanent and total. Reports from treating physicians and independent medical exams may be used to assess the severity of the injury and whether the worker is likely to recover or improve.
Vocational Evidence: A vocational expert may be brought in to evaluate whether the injured worker is employable given their restrictions. For example, a worker with severe physical limitations may not be able to find suitable employment, making them eligible for PTD benefits.
Work History and Skills: The injured worker’s previous job duties, education and skills are considered. For instance, if an individual has always worked in physically demanding jobs and can no longer perform those tasks, they may qualify for PTD benefits if no other viable employment options are available.
How Much Compensation Can You Receive?
The amount of compensation an injured worker receives under a permanent and total disability award depends on their previous earnings. In Illinois, PTD benefits are typically calculated as two-thirds (66 2/3%) of the worker’s average weekly wage prior to the injury. These benefits continue for the rest of the injured worker’s life or for as long as they remain unable to work.
An important note is that workers may receive a higher weekly benefit than what they earned before the injury, depending on the state’s minimum PTD benefit rates. For example, a worker earning a modest wage before their injury may be eligible for a PTD benefit that exceeds their prior earnings, offering a significant financial lifeline.
Common Scenarios Leading to Permanent and Total Disability Awards
While any workplace injury could potentially lead to permanent and total disability, certain types of injuries are more likely to result in PTD benefits, including:
Severe back and spinal cord injuries: These can leave workers paralyzed or with chronic pain, preventing them from engaging in physically demanding work.
Amputations: The loss of a limb or other body part often severely limits a worker’s ability to perform their previous job or any job.
Traumatic brain injuries: Significant head trauma can impair cognitive function, making it difficult for a worker to perform tasks requiring concentration or memory.
Repetitive stress injuries: Long-term repetitive work, such as on an assembly line, can lead to permanent nerve damage, as seen in carpal tunnel syndrome cases.
How Much Compensation Can You Receive?
Navigating a permanent and total disability claim can be a challenging process, especially when facing opposition from an employer or their insurance company. Having an experienced workers' compensation attorney by your side can make all the difference. At Black & Jones Attorneys at Law, we have helped many clients secure PTD benefits by gathering the necessary medical and vocational evidence, advocating during hearings and fighting for fair compensation.
Employers and insurance companies may contest your claim, arguing that you are not fully disabled or that your condition is unrelated to your work. An attorney can help counter these arguments by presenting compelling evidence in your favor, ensuring you receive the benefits you deserve.
A permanent and total disability award provides essential financial support for workers who can no longer earn a living due to workplace injuries. If you believe you may qualify for PTD benefits, it’s crucial to understand the process and gather the right evidence to support your claim. Black & Jones Attorneys at Law in Rockford, IL, has extensive experience helping injured workers secure these life-changing benefits. Contact us today for a free consultation to discuss your case and how we can help you achieve the compensation you deserve.
Call Black & Jones at (815) 967-9000, or fill out our online form to schedule your consultation.