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Jonathan Rosenfeld

September 2, 2023

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You may be entitled to workers’ compensation benefits when you suffer a work-related injury. These benefits can be a lifeline during a challenging period, providing financial relief and covering medical expenses.

Knowing how long the benefits last is crucial for anyone relying on workers’ compensation to make ends meet. The answer is not straightforward and depends on various factors, including the type of injury and the category of disability it falls under.

The workers comp attorneys at Rosenfeld Injury Lawyers, LLC can guide you through this complex system, helping you understand your rights and what you are entitled to receive.

Whether you’re an employee seeking clarity on benefits or an employer looking to understand your responsibilities, you must be informed about the intricacies of workers’ compensation in Illinois.

How Long Can You Be on Workers Comp?

The duration to receive workers comp ranges from a few weeks to a lifetime, depending on the severity of the injury and category.

The time you can receive workers’ compensation benefits is not uniform but varies based on several key factors:

  • Severity of Injury: Minor injuries may result in payments lasting only a few weeks, while more severe injuries can extend payments for several years or even for life. Work injuries also determine whether you can perform light duty while on workers comp, along with other work restrictions.
  • Type of Disability: Each category has its own set of rules and durations.
    • Temporary Total Disability (TTD) usually lasts until you reach Maximum Medical Improvement (MMI) or can return to work.
    • Temporary Partial Disability (TPD): If you can perform some, but not all, of your job duties, you may qualify for TPD benefits, generally lasting a couple of weeks to several months.
  • Legal and Medical Processes: Before receiving permanent disability benefits, you’ll need to go through medical and legal evaluations to confirm the lasting impact of your injury, which can also affect the duration of your payments.
  • State Laws: Workers comp laws vary by state, and each state has criteria for awarding workers’ compensation benefits, including a lifetime pension for permanent total disabilities.

Understanding these variables can help you better anticipate the potential duration of your benefits through business owner-paid workers’ compensation insurance.

You can still receive workers comp if offered a light duty job

Is Workers’ Comp Duration Different by State?

The duration of benefits can differ substantially depending on the state’s specific guidelines, affecting the length and type of payments you may receive. Each state has rules governing workers’ compensation coverage.

For example, a few states limit the weeks you can receive temporary disability payments, while others have different deadlines for filing a workers’ compensation claim. Additionally, some states use a percentage scale to determine the disability payment rating, which can result in differential benefits.

The complexity extends to various aspects of the workers’ compensation system, including the following:

  • Protocols for medical treatment
  • Impairment rating evaluation
  • How insurers handle medical costs and bills

How Long Can You Get Worker’s Comp in Illinois?

In Illinois, the duration for receiving worker’s compensation payments varies widely, from a couple of weeks to potentially a lifetime. Several factors, including the type of workplace injury and the disability category, influence this range.

  • Temporary Total Disability (TTD): Payments usually last until the injured worker reaches Maximum Medical Improvement (MMI). Workers typically receive two-thirds of their AWW during this period, and all reasonably necessary medical expenses are covered.
  • Temporary Partial Disability (TPD): For those who can work while recovering but must reduce hours or take on lighter duties, medical benefits usually cover two-thirds of the difference between their old and new salaries until they reach MMI.
  • Permanent Partial Disability (PPD): If you reach MMI but still have a significant disability, you could be eligible for one of four PPD wage replacement categories. Permanent benefits can range from extended wage replacement benefits for five years or until age 67 to benefit payments for up to 162 weeks based on the severity of the permanent disability.
  • Permanent Total Disability (PTD): Those who are completely unable to work or lose the use of two or more body parts may receive 66% of their AWW (average weekly wages) for the rest of their lives that cover living expenses, medical bills, and medical treatments.

The insurance industry influences Illinois’s workers’ compensation system, and the available payments for lost wage replacement and medical bill payments have decreased by almost 20% since 2013.

Understanding Permanent Disability Benefits

In the aftermath of a workplace accident that results in life-altering injuries, permanent disability benefits serve as a vital financial lifeline. These payments are based on a medical examination that determines a permanent disability rating, which, along with your average weekly wage, establishes whether you qualify for a lifetime pension.

Permanent disability benefits provide long-term financial aid for those unable to return to their regular jobs. The workers’ compensation benefits are calculated based on a medical-determined disability injury rating and your AWW, potentially qualifying you for lifetime support.

What are Temporary Total Disability Benefits (TTD)?

Temporary Total Disability (TTD) benefits are a key component of worker’s compensation, designed to provide financial support for those temporarily unable to work due to injuries. These payments offer a portion of your AWW as a short-term solution until you can return to work eventually or transition to permanent disability status.

Temporary Benefits for Light Duty Jobs

If offered a light duty job while recovering from a work injury [1], you can still receive workers’ comp benefits, commonly known as differential benefits. These payments make up the wage difference between your regular and light-duty roles.

Differential benefits are designed to bridge the wage gap if you’re earning less in a light-duty role compared to your regular job. For instance, if your average weekly wage was $800 before the injury and you now earn $500 in a light-duty role, these payments would cover the $300 difference.

Can You Collect Workers Comp for Life?

Lifelong workers comp benefits are granted under specific circumstances, usually when the injured worker is permanently unable to work. These benefits are determined by the type of disability and strict qualification criteria.

Permanent total disability and severe permanent partial disability benefits are the two main categories that may qualify you for lifelong payments. Your permanent disability rating plays a crucial role in determining the duration of these payments.

Lifelong workers comp benefits can be granted under strict criteria

The Process for Lifelong Compensation

Once you reach MMI, the insurance company usually proposes a lump sum or weekly benefits, depending on your disability rating. Consulting a lawyer is vital to secure the most appropriate compensation, whether weekly benefits, a lump sum, or a lifetime pension.

MMI is a pivotal stage in your workers’ compensation claim. While it doesn’t signify complete recovery, it does indicate that further medical treatment won’t improve your condition.

Make Sure You Get The Benefits You Deserve, for as Long as You Need Them

To secure the workers’ compensation benefits you’re entitled to, it’s essential to take proactive steps. The steps to ensure you receive the financial stability you need for lost wages and medical care include the following:

  • Understanding claim filing intricacies
  • Seeking legal assistance
  • Continuously monitoring your claim

How a Workers’ Compensation Lawyer Can Help You

Are you the victim of workplace negligence that’s rendered you permanently unable to work? Workers’ compensation claims can be overwhelming, especially when dealing with an injury’s physical and emotional toll.

Our workers’ compensation lawyers can offer invaluable assistance through their expertise in work injury cases. We provide a free consultation to evaluate your situation and work on a contingency fee basis to ensure we can handle every aspect of your case without you needing to pay any fees upfront.

Contact the Rosenfeld Injury Lawyers, LLC attorneys at (888) 424-5757 for personalized assistance. We’re here to help you every step of the way to ensure you are maximally compensated for your harm.

Resources: [1] OSHA

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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

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