Qualifying for Permanent Disability Benefits After a Workplace Injury in Illinois

 Posted on August 07, 2025 in Workers' Compensation

A serious workplace injury can leave you unable to return to work. If your injury is permanent, you may be entitled to permanent disability benefits through Illinois workers’ compensation. These benefits are designed to help injured workers who can no longer perform their jobs, or any job, because of long-term damage. An experienced Kane County, IL workers' compensation attorney can help you understand your rights and pursue the benefits you deserve.

What Does Illinois Law Say About Permanent Total Disability Benefits?

In Illinois, permanent total disability (PTD) benefits are available to workers who are completely and permanently unable to work in any capacity due to their injury. These benefits may also apply if a worker loses the use of both hands, arms, legs, feet, eyes, or any two of those body parts.

According to 820 ILCS 305/8(f), PTD benefits equal two-thirds of your average weekly wage and continue for the rest of your life. There are maximum and minimum limits on weekly payments, and some workers may also receive additional benefits through the Rate Adjustment Fund, which helps offset inflation over time.

What Factors Affect Eligibility for Permanent Disability Benefits in Illinois?

Your eligibility for permanent disability depends on several factors, including the seriousness of your injury, your ability to do any kind of work, and your overall physical and vocational capabilities. The Illinois Workers’ Compensation Commission considers the following:

• Your medical condition after treatment

• Whether you can perform light-duty or part-time work

• Your education, skills, and age

• Your chances of being retrained for a new position

If your injury does not meet the PTD standard, you may still qualify for permanent partial disability (PPD). Under 820 ILCS 305/8(d), PPD benefits apply when you can still work, but your injury results in lasting limitations or wage loss.

In one of our firm’s recent cases, we secured a $323,330 verdict for a 64-year-old man who injured his lower back on the job. The injury required surgery and left him with permanent work restrictions, forcing him into early retirement. His case is a clear example of how permanent injuries can significantly affect a person’s ability to earn a living and why full compensation is critical.

What Medical Evidence Do You Need To Qualify for Permanent Disability Benefits?

Strong medical documentation is essential when applying for permanent disability benefits. Your doctor must confirm that you have reached "maximum medical improvement" (MMI), meaning your condition is stable and not expected to improve with more treatment.

In addition to confirming MMI, your physician must explain what physical limitations you now have and whether you can work. You may also be asked to attend an independent medical examination (IME) to confirm your injury’s severity and your ability to work. If you have questions about the medical evidence required for your case, an experienced attorney can help.

Contact an Aurora, IL Workers’ Compensation Attorney Today

The legal team at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. is here to help you understand your rights, collect the medical evidence you need, and pursue the full benefits you are entitled to under Illinois law. Many of our attorneys have been recognized by their peers as Leading Lawyers or Super Lawyers, an honor given to only the top five percent of attorneys in the state. This reflects our strong commitment to achieving results for injured workers and their families. Contact our experienced Kane County, IL workers’ compensation lawyers today at 630-907-0909 for a free consultation.