If you have been injured at work you may be searching for answers and wondering “what benefits can you claim to help you and your family get through this predicament. While there are a multitude of injuries that can occur in the workplace, there are a few services you may be eligible for if you have been injured at work.
So, what benefits can you claim? Check out the following list, which outlines typical benefits:
Medical Care – Injured employees are entitled to receive any necessary medical, medicinal, surgical, first aid, and hospital services required to treat the effects of your injury or disease. The employer’s responsibility is to pay for:
Additionally, an injured employee could also be entitled to receive physical, mental or vocational rehabilitation, when appropriate. An employee may choose any doctor or hospital at the employer’s expense.
Temporary Total Disability (TTD) Benefits – This is a benefit that covers the period of time frequently referred to as the “healing period”. Temporary Total Disability or TTD benefits are available to an injured employee who must lose time from work to recover from a work-related injury or disease. The employee is entitled to collect TTD benefits until they are able to return to work.
Permanent Partial Disability (PPD) Benefits – These benefits cover injuries that are not so serious as to leave a worker permanently, totally disabled, but may nevertheless result in some permanent impairment. A Permanent Partial Disability or PPD is technically the complete or partial loss of use of a part of the body, or the partial loss of use of the body as a whole. While the “loss of use’ is not specifically defined in the law, it generally means the employee is unable to do things with a body part or with the body as the whole that he or she was able to do before the injury.
There are two ways in which PPD benefits may be determined.
Permanent Total Disability (PTD) Benefits – There are some injuries that are so serious that a worker is permanently, totally disabled. A Permanent Total Disability or PTD is defined as complete disability which renders the employee permanently unable to do any kind of work for which there is reasonable stable employment market or the loss of:
Employees who suffer permanent and total disabilities after being injured at work are entitled to benefits for life. Employees who received PTD benefits and then return to work or could return to work in the future may have their benefits modified or terminated. The benefit is two-thirds (66 2/3%) of the employee’s gross average weekly wage during the year before the injury or exposure, subject to certain limits.
Survivors Benefits – When a work-related injury or disease results in the death of the employee, his or her spouse and children are entitled to full benefits. Benefits are paid to children under the age of 18 or until age 25 if a full-time student or if physically or mentally handicapped for the duration of the incapacity.
This is the chain of survivor eligibility:
Settlement – Many workers don’t realize that a lump settlement may be possible after an injury at work. A settlement closes a claim in exchange for an agreed-upon amount of compensation and medical services. Cases in which the employer denies liability or disputes the amount of compensation are often settled by lump sum settlements.
In agreeing to a settlement, the employee avoids the risk of getting no compensation or less than is provided in the settlement. However, settlement agreements generally forfeit the employee’s rights to future medical benefits even if the employee’s condition worsens.
Workplace injuries are very common, especially in certain high-risk professions. In fact, workers compensation lawyers deal with thousands of workers compensation claims each year. If you have been injured at work or are wondering what benefits can you claim, contact a Chicago workers compensation lawyer today for a Free Case Evaluation.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2023