What If I Am Permanently Disabled Due to a Work Injury?

 Posted on March 26, 2026 in Workers' Compensation

Accidents can and do occur at companies and job sites, even if every safety precaution is taken. In Illinois, workers’ compensation benefits can help cover medical expenses and lost wages if a worker is hurt while on the job. The majority of workplace injuries involve an employee eventually returning to work after healing. In certain accidents, however, a worker may sustain injuries so severe that they cause permanent restrictions or disability.

If you are permanently disabled as a result of a catastrophic work injury, our Joliet, IL workers’ compensation lawyers can help you seek financial relief. At McNamara Phelan McSteen, LLC, we can walk you through the process of filing a claim, drawing on over 150 years of combined experience in nearly every area of law, including workers’ comp.

What Are First Steps in Applying for Permanent Disability Benefits?

The first steps you take after a work injury can affect your whole claim. First and foremost, seek medical care as soon as possible. Prompt treatment also creates a record of what happened and how badly you were hurt.

You should also report the accident to your employer right away. Do not assume your supervisor already knows enough. Give clear details about how the injury happened and when you first felt pain. Waiting too long can make the insurance company question whether the injury was really job-related.

After the accident, save copies of medical papers, bills, and doctors’ notes. If possible, write down the names of anyone who saw the incident. Good record-keeping can help support your side if disputes arise later.

Types of Permanent Disability Benefits in Illinois

According to Illinois law, there are two different types of permanent disability benefits, depending on the consequences of an injury. Employers are required to pay permanent partial disability (PPD) benefits to an employee who is impaired or disfigured in some way while performing his or her job but who is still able to work in a limited capacity. Sometimes, surgery will repair or correct an injury, and the worker can return to their job after attending a rehabilitation facility or undergoing physical therapy.

Permanent total disability (PTD) benefits are for an employee who is permanently unable to work in any capacity. With extreme cases, amputation may be necessary if a body part has been severed and cannot be reattached. If an employee loses both hands, arms, feet, legs, eyes, or any of these two body parts, that constitutes permanent total disability. This also applies if there is a permanent and complete loss of the use of those body parts.

Before a worker can receive permanent disability benefits, they must have healed first. In the workers’ compensation system, this means the person must have reached maximum medical improvement (MMI). In that case, their doctor does not expect any further improvement. Afterwards, the employer and/or the Illinois Workers’ Compensation Commission (IWCC) can begin to review the case and see if they are entitled to permanent disability benefits.

Vocational Counseling and Training for Permanently Disabled Workers in Illinois

If you are placed on permanent disability and your employer cannot accommodate your needs, Illinois employee rights can include vocational counseling or retraining. You are entitled to benefits due to wage loss under most workers’ compensation plans, even while you are participating in vocational rehabilitation or training for a new occupation. Your employer’s workers’ compensation insurance company should help you retrain if necessary or find a new job.

Retraining can include career testing, help identifying jobs within your restrictions, resume assistance, interview preparation, job placement help, or classes to learn skills for office, clerical, customer service, or other lighter-duty work.

What Do You Need to Prove To Obtain PTD Benefits?

You do not have to prove your employer did something wrong to obtain workers’ compensation benefits. Illinois workers’ compensation is a no-fault system. That means benefits may still be available even if the injury was the result of a mistake or accident. What matters most is whether the injury happened in the course of your job and arose out of your work duties, according to the Illinois Workers' Compensation Act (820 ILCS 305/1).

What Can You Do if Your Workers’ Compensation Claim Is Denied in Illinois?

A denial does not mean you are out of options. Insurance companies reject claims for various reasons. They may say the injury did not happen at work. They may claim your condition was pre-existing. They may also argue that you are not as limited as your doctor says.

When this happens, you have the right to challenge the denial through the Illinois Workers’ Compensation Commission. That process can involve hearings, medical evidence, and witness testimony. Our attorneys can help gather records, prepare your case, and respond when the insurer tries to downplay your disability.

A disputed case is usually heard first by an IWCC arbitrator. If either side disagrees with that decision, it can be reviewed by a panel of three commissioners. After that, the case can be appealed to the circuit court, then to the Appellate Court, and in some cases to the Illinois Supreme Court. Our attorneys can help you prepare for each stage and present strong evidence from the start.

Should You Accept a Lump Sum Offer for Permanent Total Disability After a Workplace Injury in IL?

A lump sum payment may sound appealing to resolve your case quickly. However, you should be skeptical of any quick offer, especially if it seems too convenient. Insurance companies do not always make fair offers at the start. A low offer may not fully account for lost wages, ongoing treatment, or the long-term impact of a permanent disability. What looks like a large payment now may not last as long as you think.

Before you accept any lump sum for permanent total disability, have an attorney review it. Our lawyers will consider your medical condition, work limits, and anticipated future needs.

Contact Our Will County, IL Workers’ Compensation Lawyers

If you are hurt performing your job and your injuries result in permanent disability, you might be entitled to benefits as well as counseling and retraining. The legal team at McNamara Phelan McSteen, LLC will explain your options.

Call our experienced Joliet, IL permanent total disability attorneys at 815-727-0100 for a free consultation. Even if you are unable to work again, we can help you navigate your future.