Does an Amputation Qualify for Long-Term Workers’ Compensation?

 Posted on May 09, 2024 in Uncategorized

Losing a limb after a work accident severely impacts a person’s life and any ability he or she has to work in the future. Workers’ compensation may apply in situations where a victim of a workplace accident suffers from such a catastrophic injury, though you will need to qualify for long-term workers’ compensation, which is known as permanent and total disability.

An experienced Illinois workers’ compensation lawyer can advocate for your rights and the workers’ compensation payments you deserve after an amputation or other qualifying injury.

Qualifications for Permanent and Total Disability

Under the Illinois Workers’ Compensation Act, long-term worker’s compensation payments may apply if an injury is considered a total and permanent disability. Injuries that may qualify as total and permanent disabilities are those that stop a person from working a job again in any capacity.

Keep in mind that if your injury allows you to work, just at a lower-paid job, the workers’ compensation payments will cover the difference between your earnings instead of issuing long-term payments.

Injuries that often qualify for permanent and total disability under the Workers’ Compensation Act include the following:

• Loss of an eye or limb after an accident, including amputations

• Traumatic brain injuries

• Spinal cord injuries or paralysis

• Nerve damage that prevents the use of limbs or movement

Additionally, to qualify for permanent and total disability, you will need to show that you have been treated and healed to the maximum extent possible, and returning to work is still not an option for you.

How Do I Ensure I Receive My Workers’ Compensation Payments?

Navigating workers’ compensation laws and ensuring you qualify for permanent and total disability payments is difficult, especially when you are still in recovery or learning to live with your injuries after a workplace accident.

Important steps to take after being injured to ensure you receive payment include the following:

1. Seek medical care for your injury, especially in the case of a catastrophic injury or one that likely requires an amputation.

2. Notify your employer of the injury within a the 45-day time period after the injury; you must notify them in this time period, preferably in writing, to ensure that you are eligible for workers’ compensation payments.

3. Wait for your employer’s response and contact a workers’ compensation attorney to help you pursue your claim. As your employer works with their insurance and files an accident report with the Illinois Workers’ Compensation Commission, you will need legal guidance on your next steps.

Contact a Joliet, IL Workers’ Compensation Attorney

Workers’ Compensation in Illinois can be difficult to navigate alone. A seasoned Will County, IL Workers’ Compensation lawyer is vital to ensuring your rights are advocated for after an amputation or other severe injury has occurred in the workplace.

At Rathbun, Cservenyak & Kozol LLC, we will aggressively fight for your rights and work to secure you the permanent and total disability payments you need. Call 815-730-1977 for a free consultation.