You don't have to be in a wheel chair to be permanently disabled
We tell a lot of our clients that we hope their case isn't worth in the six figures. If it is that means they had a really big injury that is probably going to impact them long term. I haven't met one person that would give up their health for any sum of money.
On the flip side of that is the fact that many workers in Illinois do sustain severe injuries that change their lives forever. Some can go back to their old jobs. Some can still work for their same company but in a new job. Others end up making less money working elsewhere. Still others may be able to do some work, but there is no stable job market for them.
If you are hurt on the job and your doctor's final restrictions don't say that you are permanently disabled, that doesn't mean that you aren't permanently disabled under Illinois work injury law. You just have to show that there's no reasonable expectation that a job would exist for you.
The Arbitrators look at a bunch of factors in deciding this. They include the age of the worker, their education, their language skills, job history and physical restrictions. You may be able to make some money here or there, but if there is no stable market for you, you will likely be found to be permanently and totally disabled. The case that decided this was called National Tea vs. Industrial Commission.
A smart attorney or injured worker doesn't leave their fate to an injured worker. They demand that the insurance company hire a vocational expert and they also hire one of their own. Just like you have to prove through a doctor what your injury is, you should prove through a vocational expert your ability to get a job.
This process is a marathon, not a sprint. As long as you are cooperating with vocational rehabilitation you should continue to be paid while you are off work. By cooperating with the process you help yourself in the long run.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
