Who Qualifies for Permanent Disability Through Workers' Compensation?

 Posted on May 10,2022 in Workers' Compensation

kane county workers comp lawyerWorkplace accidents can be permanently life-altering. Some victims are able to recover enough to return to work in some capacity. Others must change career paths to accommodate their change in physical ability. There are some, however, who are never able to return to work. People who have suffered a severe and disabling injury in the workplace may be able to receive permanent total disability through Workers’ Compensation. Obtaining this level of compensation is not always easy from a practical standpoint. These claims can be worth quite a lot, and employers are rarely willing to pay out without a fight. It often takes the skill and experience of a trained attorney to help establish that a disabled worker is entitled to this type of compensation. 

Qualifying for Permanent Total Disability

To receive permanent total disability, you will need to not only prove the cause of your injuries but also show that you are no longer able to work and support yourself as you could before. The following types of injuries could suggest permanent and complete disability: 

  • Amputations- If you lost any part of your body in the accident, like a finger or an eye, it may be difficult for your employer to argue that you could return to work. Especially if you work with your hands, you are not likely to ever regain the ability to do your job. 

  • Lost function - Even if you did not lose a body part entirely, losing the use of a body part is largely the same for purposes of assessing your ability to return to work. For example, your leg may still be attached, but if you cannot move it or walk very well, then it is likely to interfere with your ability to work. 

  • Decrease in function - There are many other medical situations where a worker’s body as a whole cannot function the way it used to, even if they are generally able to move around and have not lost the complete use of any single body part. Permanent back injuries are a common example. If your job involves heavy lifting and you suffer a spinal cord injury so that you cannot lift more than a few pounds at a time now, you will not be able to return to work. 

It may take some time to determine whether you meet any of these qualifications. There may be some patience involved as you wait and see whether you will regain function in the affected body parts. 

Contact a Kane County Workers’ Compensation Lawyer

Kinnally Flaherty Krentz Loran Hodge & Masur P.C. is skilled at helping injured workers recover compensation. Our experienced Aurora Workers’ Compensation attorneys will assess your medical situation to determine what level of compensation you may be entitled to. 



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