What Does Permanent and Total Disability Mean?

 Posted on February 27, 2025 in Workers' Compensation

Few people need workers’ compensation more than those whose work has left them disabled. If you are unable to work at all now because of a workplace injury or occupational illness, you may qualify for permanent and total disability benefits through workers’ compensation. Permanent and total disability benefits are designed to partially compensate you for the loss of your future earnings. Workers who have been deemed completely disabled can receive two-thirds of the salary they were paid while working. This is in addition to the medical benefits you would ordinarily qualify for through workers’ compensation. It is particularly important to be represented by a well-qualified Joliet, IL workers’ compensation attorney when you are applying for permanent and total disability. You are more likely to encounter resistance when filing this type of claim due to the amount of money potentially at stake.

When is an Injured Worker Considered Permanently and Totally Disabled? 

Some workers who suffer permanent injuries on the job are able to transition into a different line of work. For example, a power line worker who loses the use of his legs after a serious fall might be able to have a successful second career in tech support. Employees who cannot go back to the jobs they had before but can still do another kind of work are not considered totally disabled but may qualify for partial disability benefits.

To qualify for permanent and total disability, you must be able to show that you cannot perform any type of work that you could reasonably secure stable employment doing. Being able to perform sporadic work on occasion does not necessarily disqualify you. The issue is whether your disability prevents you from maintaining stable employment.

Possible Reasons For an Initial Denial 

A lot of permanent and total disability claims are initially denied. Your attorney may need to help you appeal your claim and prove that you qualify for these essential benefits. Your claim might be denied if your employer argues that you could do a different kind of work and are only partially disabled. You may need to prove that you could not do the type of work your employer suggests due to your health restrictions.

Another common issue that might be contested is whether your injuries are permanent and have healed as much as they ever will. Applying too soon, before attempting several courses of treatment, might raise questions about whether your injury will improve in the future.

Contact a Will County, IL Permanent and Total Disability Lawyer

McNamara Phelan McSteen, LLC is dedicated to helping workers who have become disabled due to work-related causes. Our experienced Joliet, IL workers’ compensation attorneys will fight to get you the benefits you need. Contact us at 815-727-0100 for a complimentary consultation.