work injury attorney
St. Louis work injury attorney Explains Permanent Partial Disability and Permanent Total Disability
As a Missouri and Illinois “work comp” attorney, I have reached thousands of settlements on behalf of “claimants” (Missouri) and “petitioners” (Illinois). Many claimants and/or petitioners will often compare their settlements to other injured employees when a comparison may not be appropriate. It is important to first understand that there are two types of “permanent disability” settlements under the Missouri and Illinois Workers’ Compensation laws. A “permanent partial disability” settlement is based on the injured worker being able to “compete for employment” in the “open labor market”. These settlements are based on the injured employee being able to earn a livelihood, even if it is in a diminished capacity. Illinois has some “wage differential” provisions which can enhance the value of an employee’s case where the employee has a “diminished earning capacity”. Missouri has no similar provisions which take into account “lost earning capacity”, but “Missouri Workers’ Compensation Administrative Law Judges” will generally be sympathetic and will usually take into the claimant’s circumstances.” Illinois Arbitrators”, however, can directly consider lost earning capacity.
On the other hand, Permanent total disability means that the injured worker cannot compete for employment in the open labor market. As attorneys representing “total disability” clients, we will usually also file for Social Security Disability on their behalf. In the vast majority of these cases, our clients will be adjudicated as being totally disabled under both systems. Oftentimes we will try to settle Permanent total Disability cases in Missouri and Illinois “work comp” cases in order to avoid a potential “offset” reduction in “Social Security Disability” benefits. Ask your attorney to explain the potential settlement value of your case versus letting a judge decide and whether you may have a “Social Security offset” problem .You may also ask your attorney whether you may benefit from “vocational rehabilitation” if you cannot return to your former employment.
The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.
About the Author
Jeff Swaney founded the Swaney Law Firm in 1984. Jeff obtained his law degree from the School of Law at St. Louis University, as well as a Master of Arts in Public Administration. He is a member of the Missouri Association of Trial Attorneys (MATA) and The Missouri Bar Association. Jeff is also licensed and handles cases in the State of Illinois.
How long for my settlement??
Not that I am wanting just the money but I was in a car accident back in May. I was rear ended and suffered a whiplash neck injury, Since then the at fault drivers insurance has paid for my vehicle repairs. I have been going to the Dr. for almost 2 months continuosly (chiropractor). I am well convinced that injuries are permanent. I have a personal injury attorney working on this case as well. Any ideas on how long it takes before a settlement is disbursed (to cover medical expenses and missed time from work)
A whiplash injury is not permanent. It is a sprain/stain injury.
You have an attorney. He will take 1/3 to 1/2 of any settlement you get. Since you are paying him a very large chunk of any settlement you get — how about you ask him.
That’s what you are paying him for.
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