Awards of permanent total disability are the largest which the Illinois Workers’ Compensation Act can provide. If you are found to be permanently and totally disabled as a result of a work injury, you will be entitled to two-thirds of your average weekly wage for the rest of your life, subject to the statutory minimum and maximum disability benefit rates. Keep reading to learn more from one of the best work comp attorneys in Chicago, Brent Eames, about how we were recently able to obtain an award of permanent total disability benefits for our client after an insurance company’s doctors claimed she required no work restrictions whatsoever.
Our client was working in her capacity as a caregiver for a home healthcare company when she slipped and fell in a puddle of water in an elderly client’s home. As a result, she underwent three separate surgeries, which unfortunately left her with lingering complaints of chronic and permanent pain. However, after she was released from medical care, the work comp insurance company hired two separate independent medical examiners who examined our client and opined that her chronic pain complaints were not valid, and she required no physical work restrictions whatsoever in connection with her injuries. Subsequently, the insurance company suspended all temporary work comp disability benefits, and refused to pay for any additional medical treatment.
Attorney Brent Eames of Eames Law Group, Ltd. took the case to trial. At trial, six different experts testified regarding our client’s injuries, as well as her capability to return to work. This included the testimony of two of our client’s treating surgeons, as well as a retained vocational expert who evaluated our client’s employability given her vocational background and permanent injuries. On behalf of the employer, the two IME physicians were called to testify, in addition to their own retained vocational expert, who testified that even if our client was left with the permanent restrictions as described by her treating surgeons, she was not disabled given that she could still find gainful employment in a steady labor market.
After trial, the Arbitrator issued an award finding that our client had met her burden of proving that she was permanently and totally disabled, and she qualified for payment of permanent and total disability benefits. The Arbitrator also awarded all owed temporary disability benefits from the time that the insurance company cut off her pay, and ordered the insurance company to issue payment for all unpaid medical expenses.
The attorneys of Eames Law Group, Ltd. are experienced Chicago work comp lawyers. Attorney Brent Eames recently participated in the Illinois State Bar Association’s Ask a Lawyer program and offered information for injured workers to consider regarding permanent total disability benefits. Check it out HERE
Eames Law Group, Ltd. never stops fighting for our clients, and we will aggressively push cases to trial in order to obtain justice when insurance companies attempt to trample on the rights of our clients. If an insurance company has denied your claim or refused to pay work comp benefits, you owe it to yourself to contact one of the best work comp attorneys in Chicago, Brent Eames, to discuss your rights. If you have been injured, you should immediately contact Brent Eames for a free consultation to discuss your options.
The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Eames Law Group, Ltd.