If you suffered a disabling injury in a construction accident, you may be eligible for long-term disability benefits. You may also be able to seek personal injury compensation. Our firm’s construction accident lawyer serving Belleville, IL, can discuss your options and help you seek the money you need to protect your health and future.
How to Seek Long-Term Disability Compensation
You may have several avenues for seeking long-term disability compensation after a construction accident in Illinois. The following are all forms of no-fault coverage, meaning you do not have to prove that another person caused your injury to receive benefits. You will need to prove that you have a disabling injury. You may also need to provide evidence of your work history or establish that your injury occurred on the job.
Workers’ Compensation
Most employers in Illinois must provide employees with workers’ compensation insurance. If your injury occurred on the job, workers’ comp should cover all of your medical expenses. Workers’ comp will also pay disability benefits if you cannot work due to injury.
The amount and duration of your wage replacement benefits will depend on the severity of your injury and your pre-injury average weekly wage. According to the Illinois Workers’ Compensation Commission, long-term disability benefits may include:
- Permanent Partial Disability (PPD) – PPD provides long-term disability benefits if you have a partial disability and can perform some type of work, but your injury is not expected to improve. Generally, you are eligible for PPD if your injury resulted in the loss of the use of a body part. PPD compensates you for a percentage of the difference between your pre-injury wage and the wage you can currently earn.
- Permanent Total Disability (PTD) – If your injury prevents you from working in any capacity, you can seek PTD benefits. PTD provides two-thirds of your pre-injury weekly wage (subject to statutory caps). You can receive PTD for life.
Long-Term Disability Insurance
If you have long-term disability (LTD) insurance through a private policy or a policy provided by your employer, you can seek these benefits after a disabling construction accident injury. However, the money you receive through LTD may be offset by the amount of your workers’ compensation benefits.
Social Security Disability Insurance (SSDI)
Your injury may qualify you for SSDI benefits through the Social Security Administration. You may be eligible for SSDI if:
- You cannot do substantial gainful activity (SGA) because of your injury
- Your condition has lasted or is expected to last at least 12 months
- You have earned enough work credits (usually 40, though younger workers may qualify with fewer) through payments to Social Security taxes
You May Be Eligible for a Personal Injury Lawsuit
You usually cannot sue your employer for a personal injury if they provide workers’ compensation insurance. If they do not have workers’ comp, you may be able to seek compensation through a lawsuit. You may also be able to sue an at-fault third-party, such as a property owner or general contractor. To win a personal injury case, you will need to prove that someone else’s careless or wrongful actions caused the construction accident.
In addition to your medical expenses and compensation for lost wages, a personal injury claim allows you to seek pain and suffering damages. Pain and suffering compensate for intangible losses, including disabling injuries, mental and emotional distress, and reduced quality of life.
Contact Bartholomew, Shevlin & Flack, LLP
Bartholomew, Shevlin & Flack, LLP can help you seek the money you need to pay for your medical care and life expenses if you cannot work due to a construction accident injury. We can guide you on the ins and outs of long-term disability and your various options for seeking compensation.
Contact us online or call today for a free consultation. We take cases on a contingency-fee basis, so you pay nothing up front or out of pocket.