Dealing with a work-related injury is stressful enough, but trying to figure out the ins and outs of workers’ compensation can be too much to handle. When it comes to securing permanent disability benefits, timing is key. Taking the time to understand your rights with an Illinois lawyer is helpful to ensure you are on the correct path.
In Illinois, permanent disability is classified into two categories: permanent partial disability (PPD) and permanent total disability (PTD). PPD refers to a permanent impairment that partially limits your ability to work, while PTD indicates a permanent impairment that completely prevents you from engaging in any gainful employment. When a worker suffers a permanent impairment due to a work-related injury or illness, he or she may be entitled to permanent disability benefits. These benefits are designed to compensate the worker for the long-term effects of impairment on his or her earning capacity and quality of life.
The timing of your permanent disability application depends on several factors, including the severity of your injury and the progress of your medical treatment. Here are some key points to consider:
Diagnostic test results, such as X-rays, MRIs, or CT scans, can provide objective evidence of the nature and extent of your impairment. These tests can help establish the presence of any permanent damage or abnormalities resulting from your work-related injury.
In some cases, the insurance company may request that you undergo an Independent Medical Examination (IME) with a doctor of their choosing. The purpose of an IME is to obtain an objective assessment of your condition and determine the extent of your permanent impairment. You should attend the IME and cooperate fully with the examining physician, as failure to do so could jeopardize your claim.
The IME physician is not your treating doctor and is not responsible for providing you with medical care. Instead, his or her role is to evaluate your condition and provide an opinion on the severity and scope of your impairment. Your treating physician’s opinion may differ, and the insurance company can use the IME report to justify a lower settlement offer or deny your claim entirely.
Applying for permanent disability benefits requires careful planning, thorough documentation, and a clear understanding of your rights under state law. By working with a Kane County, IL workers’ compensation attorney, you can make sure you are getting your needs met. Call Kinnally Flaherty Krentz Loran Hodge & Masur P.C. at 630-907-0909 for a free consultation.