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Joliet Lawyer for Permanent and Total Disability

Attorney for Permanent Total Disability (PTD) Benefits

No one expects to suffer a catastrophic injury at work, but the fact is that it can happen to anyone. Even a white-collar worker with a desk job could slip and fall and suffer a serious head or back injury. Of course, some types of employees are more likely to sustain disabling injuries than others. Factory and construction workers are more likely to need Workers' Compensation after an accident in the workplace.

In many cases, Workers' Compensation is a band-aid solution to cover a workers' medical costs and lost wages for a short period of time while they recover from their injury. However, if a worker is so severely injured that they will never be able to work again in any capacity, Workers' Compensation can provide permanent and total disability payments in the long term.

Rathbun, Cservenyak & Kozol LLC is experienced in helping workers who have suffered a permanent and disabling injury while performing their job duties recover the compensation they need. Our goal is to ensure that your inability to return to work will not result in severe financial hardship for you. The cost of a disabling injury goes far beyond lost wages. For example, you may need long-term medical care, such as care from a home health aid who can assist you with the normal activities of daily living, or ongoing physical therapy treatment. We will do everything we can to get you the Workers' Compensation payments you are entitled to.

Who is Eligible for Permanent and Total Disability?

Not every permanent injury renders a person eligible for permanent and total disability payments. If you are deemed able to return to work in another type of job, you may not qualify. However, if you must take a lower-paid job, Workers' Compensation may pay wage benefits equaling the difference in your earnings before and after the accident.

You may be eligible for permanent and total disability if you:

  • Lost a body part - If you lost a limb, thumb, or eye in a workplace accident, you will likely be considered permanently and totally disabled.
  • Lost the use of a body part - You need not lose a body part entirely to be considered permanently and totally disabled. This applies in cases where an attached body part no longer functions well, such as when nerve damage prevents you from using an arm.
  • Partially lost use of your entire body - This typically applies in severe cases where an employee has become paralyzed due to a spinal cord injury. It is also common in less severe cases, such as when an employee has suffered a permanent back injury that will prohibit them from using their body to lift and move objects.
  • Sustained another disabling injury - If you have suffered any other type of injury that will prevent you from working in any reasonable capacity, such as a traumatic brain injury, you will likely qualify for permanent and total disability. This also applies to serious illnesses like emphysema caused by exposure to dangerous materials or chemicals in the workplace, such as asbestos.

Before you can be deemed totally and permanently disabled, you will need to show that you have made the maximum medical improvement possible. This can take time. Your doctors must attempt to treat you in a curative fashion when possible, and then must certify that your injury has improved to the full extent that it can.

Permanent and Total Disability Benefits

If you are deemed permanently and totally disabled, Workers' Compensation will pay up to two-thirds of your average weekly salary for the duration of the time you would likely have continued working. It should also cover your medical costs - not only the initial emergency room and hospital bills, but the cost of long-term care.

Contact a Will County Permanent and Total Disability Lawyer

Rathbun, Cservenyak & Kozol LLC is committed to protecting the rights of workers who have suffered a permanent and disabling injury in the course of performing their job duties. Our experienced attorneys will aggressively defend your rights. To begin with a complimentary consultation, please contact us at 815-730-1977.

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