Understanding Disability Classifications in Illinois

Categories: Illinois Workers’ Compensation Law. | October 9, 2018

There are all different types of disability, but in workers comp, disabilities are classified in two different ways:

1) Is the injury temporary or permanent? and
2) Is the injury total or partial?

Combining these options, an injured employee can have four different types of disability benefits:

– Temporary total disability (TTD)
– Temporary partial disability (TPD)
– Permanent total disability (PTD)
– Permanent partial disability (PPD)

Temporary vs. Permanent Disability

Temporary disability means that the employee is still recovering, and is expected to get better. Permanent disability means that the employee’s condition is stable, and is not expected to improve. Permanent disability is sometimes referred to as a point of maximum medical improvement (MMI). A person at MMI is not necessarily fully recovered; MMI just means that the person is not expected to get any better.

Total vs. Partial Disability

Total disability means that the employee cannot work at any type of employment; he/she is completely disabled. Partial disability means that the employee has some sort of work capacity, perhaps the ability
to perform sedentary or light duty work.

If the work related accident or date of disablement occurred on or after March 13, 2007, benefits are payable for a maximum number of weeks as determined by the claimant’s loss of wage-earning capacity.
The maximum number of weeks is set forth in statute as follows:

• 525 weeks for loss of wage earning capacity of greater than 95%
• 500 weeks for loss of wage earning capacity of greater than 90% thru 95%
• 475 weeks for loss of wage earning capacity of greater than 85% thru 90%
• 450 weeks for loss of wage earning capacity of greater than 80% thru 85%
• 425 weeks for loss of wage earning capacity of greater than 75% thru 80%
• 400 weeks for loss of wage earning capacity of greater than 70% thru 75%
• 375 weeks for loss of wage earning capacity of greater than 60% thru 70%
• 350 weeks for loss of wage earning capacity of greater than 50% thru 60%
• 300 weeks for loss of wage earning capacity of greater than 40% thru 50%
• 275 weeks for loss of wage earning capacity of greater than 30% thru 40%
• 250 weeks for loss of wage earning capacity of greater than 15% thru 30%
• 225 weeks for loss of wage earning capacity of 15% or less

For immediate help with a work injury case call (312) 726-5567 for a free consultation or contact us online. We are experienced and client-focused trial attorneys. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.