Will County Reduced Earning Capacity Lawyer

Attorney for Workers' Comp Permanent Partial Disability Claims in Kendall and Grundy Counties

Has a work-related accident left you with a permanent disability and work restrictions that have effectively reduced your earning capacity? If so, you may be entitled to one or more types of permanent partial disability (PPD) benefits through the Illinois Workers' Compensation Act:

• The wage differential benefit (820 ILCS 305/8(d)1) is intended to make up the difference between your weekly pay before and after your disability. For injuries occurring on or after September 1, 2011, this monthly benefit will be paid until you reach age 67, or for five years after the date of the award, whichever is later. You may be offered a lump sum distribution as an alternative.
• The schedule of injuries benefit (820 ILCS 305/8(e)1-17) provides compensation to you for the partial or total loss of use of specific body parts, short of permanent total disability. The law provides a formula for calculating this payout based on your job's weekly pay, the body part injured, and the percentage loss of use. The PPD "schedule of body parts" defines the relative value of each body part. For example, loss of sight in an eye is given a higher value than loss of hearing in one ear.
• The non-schedule injury benefit (820 ILCS 305/8(d)2) provides compensation for a severe injury that is viewed as affecting "the body as a whole." This includes skull fractures, facial bone fractures, broken vertebrae, and loss of organs such as a kidney or lung.
• The disfigurement benefit (820 ILCS 305/8(c)) provides compensation for scars or other disfigurement to any part of the body above the chest or below the knee.

At McNamara Phelan McSteen, LLC, we understand how difficult it can be to lose your ability to work in your chosen occupation and to have your earning capacity permanently reduced. We have represented clients in disability cases for over 20 years and will put all of our knowledge and experience to work for you. We assist clients with both Illinois Workers' Compensation claims and Social Security Disability claims. If another party's negligence contributed to your injury, our firm also handles personal injury lawsuits. Our success in all of these areas is well documented, with millions of dollars obtained for our clients.

We have represented clients in a variety of occupations including police officers and firefighters, building and highway construction workers, truck drivers, and municipal employees (e.g., administration or public works). The attorneys of McNamara Phelan McSteen have the depth and breadth of experience with Workers' Comp cases to ensure that your claim is handled with sureness and accuracy at every step.

The Benefits of Having Us Handle Your PPD Claim

Settling a Workers' Compensation PPD claim can involve multiple steps:

• Each year in Illinois, between 65,000 and 80,000 employees are injured at work severely enough to lose more than three work days.
• Some cases are settled directly between the employee, employer, and employer's insurance company.
• Most claims are filed with the Illinois Workers' Compensation Commission and are settled in arbitration.
• Roughly 2,000 cases per year proceed to the Workers' Compensation Commissioner Panel for resolution.
• A fraction of those cases will require an appeal to the Will County Circuit Court. Some cases continue on to an Appellate Court and a few go all the way to the Illinois Supreme Court.

In dealing with such a complex legal and administrative process, a large insurance company that has handled thousands of claims has a definite advantage over an injured individual. Your employer's insurance company will do everything it can to minimize the payout it has to make.

The law firm of McNamara Phelan McSteen will press your case through negotiation, arbitration, and appeals until we have gotten the best possible compensation package for you. Our goal is the same as yours: To help you obtain all due compensation for the full extent of your injuries. Our fees related to Workers' Compensation claims are set by statute and are not due until we settle your case.

Proving Permanent Partial Disability (PPD) and Reduced Earning Capacity

We will prepare all of the documentation necessary to prove the key points of your case, including:

• The nature of your work and the specific events that led to your accident, repetitive stress injury, or exposure to pesticides, asbestos, or other disease-causing hazards.
• The causal connection between those events and the permanent disability you now have.
• The severity of your disability and the reasons you are no longer able to pursue your former occupation (e.g., work restrictions).
• The reduction in earning capacity that has resulted from this disability.

A Lawyer on Your Side in a Reduced Earning Capacity Claim

When a work-related injury or disease leaves you with a permanent partial disability and reduced earning capacity, you will be fighting an uphill battle for compensation. The attorneys of McNamara Phelan McSteen, LLC will fight for your rights every step of the way. Contact our Joliet office at 815-727-0100 for a free consultation. We serve clients throughout Will County, including the cities of Bolingbrook, Crest Hill, Frankfort, Homer Glen, Joliet, Lockport, Mokena, New Lenox, Plainfield, Romeoville, and Shorewood.