Temporary vs. Permanent Disability Benefits in Illinois Workers’ Comp
Permanent and temporary disability benefits are a component of Illinois workers’ compensation that compensates workers for the wages lost because of the inability to perform their normal job duties. However, these disability benefits have key differences in purpose, duration, and payment structure. Understanding temporary vs. permanent disability benefits is crucial in determining the type of benefits you’re entitled to and ensuring you receive full compensation after a work-related injury in Chicago.
Table of Contents
The experienced Chicago workers’ compensation attorneys at DePaolo, Zadeikis & Pino can provide the guidance and support necessary to navigate the claims process effectively. Call 312-263-7560 to schedule your free consultation.
Differences Between Temporary and Permanent Disability Benefits in Work Injury Cases
There were 101,400 and 20,200 work-related injuries and illnesses reported by private industry employers and state and local government employers respectively in Illinois in 2023. When you sustain workplace injuries that leave you unable to work, you’ll have several concerns, such as how to apply for disability benefits to cover your losses. Illinois law requires your employer to provide workers’ compensation benefits if you’re injured on the job. You may be entitled to disability benefits under Illinois workers’ compensation if you can’t work at full capacity due to your workplace injury. Below are the differences between temporary vs. permanent disability benefits in Illinois workers’ compensation.
Purpose
Temporary disability benefits in Illinois provide financial support for workers who can’t perform their regular duties while recovering from a work-related injury or illness. Temporary total disability (TTD) benefits are meant for employees who are completely unable to perform their job duties for a certain period due to their workplace injury or illness. Temporary partial disability (TPD) benefits are provided to injured employees who are still healing but can perform part-time or full-time light duty and are earning less than what they would before the injury or illness.
On the other hand, permanent disability benefits provide financial support when a work-related injury partially or completely affects your ability to work for the remainder of your life. These benefits can cover qualifying conditions if the conditions occurred in the course of your employment. Permanent partial disability (PPD) benefits are provided to workers who sustain a permanent disfigurement or disability but can work in some capacity. Permanent total disability (PTD) benefits are available to employees who’ve been declared completely unable to perform any type of work for life.
Duration
Temporary disability benefits continue until you reach maximum medical improvement (MMI), meaning your condition isn’t expected to improve meaningfully with further treatment, or you’re medically cleared to resume work. Permanent disability benefits may continue for the rest of your life or a set number of weeks based on the Illinois schedule of injuries as determined by the type of permanent injury and your injury’s impact on your working ability.
Payment Structure
Temporary disability benefits are based on a percentage of your average wages. TTD benefits, for instance, are equal to two-thirds of your average weekly wage, subject to maximum and minimum limits set by the IWCC. TPD benefits are two-thirds of the difference between what an employee earned before the injury and the current wages in the light-duty job.
Permanent disability benefits take the type and severity of an employee’s impairment into account. PPD benefits are typically based on an employee’s degree of impairment and average weekly wage before the injury.
How Disability Classification Impacts Your Workers’ Comp Payments in Chicago
To qualify for permanent disability benefits, a medical professional will have to assign the injured employee a permanent impairment rating once the employee reaches MMI. A physician will evaluate the degree of impairment, which affects the compensation amount. The higher the rating, the greater the benefits you’ll receive, either as a lump sum settlement or ongoing payments.
For PPD benefits, Illinois law assigns a value in the form of a number of weeks to certain body parts. Loss of function of these body parts is expressed as a percentage according to IWCC guidelines. Compensation is awarded based on the loss of use percentage. A 20% loss of use would yield a smaller payout or fewer weeks of benefits compared to a 50% loss of use of the same body part. In case of an amputation of a body part, your recovery would be equal to 100% loss of the body part.
Can You Receive Both Temporary and Permanent Disability Benefits?
Temporary disability benefits typically cover you during your expected period of recovery until you reach MMI. Permanent disability benefits apply after MMI if your condition doesn’t improve enough for you to resume your pre-injury job. You’ll initially receive TPD or TTD benefits if your work-related injury prevents you from doing your pre-injury work duties while recovering. If your condition changes, or it becomes evident that your injury has caused permanent impairment that affects your ability to work, you can switch to permanent benefits with the help of your workers’ comp lawyer in Illinois. Therefore, injured employees can’t receive these two types of benefits at the same time.
However, you can receive workers’ compensation and Social Security disability benefits simultaneously. But how much does Social Security pay in such cases? The Social Security Administration (SSA) will reduce your SSDI benefits if you receive workers’ compensation. The general rule the SSA follows is that the combined total of your SSDI and workers’ comp benefits doesn’t exceed 80% of your average current wages before becoming disabled. Filing for both Social Security and workers’ comp disability benefits can be complicated. Social Security disability lawyers can help you coordinate the claims and meet the necessary deadlines.
DePaolo, Zadeikis & Pino attorneys have more than 70 years of combined experience helping Illinois residents get workers’ compensation and Social Security disability benefits. Whether you’re filing an initial claim or have had a claim denied, we can handle your case and help you secure the full benefits to which you’re entitled. Contact us today for a free consultation.
