Understanding the Concept of Permanent Total Disability in Illinois Workers’ Compensation

On Behalf of Johnston Law Offices P.C.   |   Jul 17, 2025   |   Workers’ Compensation ,

When you are injured at work in Illinois, a doctor will assess your injuries and determine whether you can return to work. A doctor may determine that you are permanently disabled, meaning that you will never be able to return to work. If you are partially disabled, you can still perform some type of work. 

If you have a permanent total disability, you cannot return to work at all, and you will receive two-thirds of your average wage for the rest of your life. For example, if you lose both legs in an accident, you will qualify for PTD benefits. You can receive PTD benefits even if it is technically possible for you to do some work, but your condition makes it unlikely that you could find a stable, ongoing job. The Illinois Workers’ Compensation Commission sets the requirements for permanent total disability.

Permanent Total Disability in Illinois

The Illinois Workers’ Compensation Commission defines permanent total disability as:

  • The permanent and total loss of both hands, feet, arms, or legs.
  • The loss of any two of those body parts. For instance, the loss of one foot and one arm could qualify you for permanent total disability.
  • Any disability that renders you permanently unable to find reasonably stable work.

If you qualify for PTD benefits in Illinois, you are entitled to receive two-thirds of your average weekly wage for life, within minimum and maximum limits set by the state.

Types of Permanent Total Disability

There are three types of permanent total disability in Illinois:

  • Statutory PTD
  • Medical PTD
  • Odd-Lot PTD

Statutory PTD is the most straightforward kind. If you have lost any two of your hands, feet, arms, or legs, you qualify for statutory PTD.

Medical PTD is when a doctor determines that you are permanently unable to find stable work due to an injury, even though you have not lost any body parts, as required for statutory PTD. For example, you may qualify for medical PTD due to a neurological injury.

Some injured workers will qualify for permanent total disability under the Odd-Lot Doctrine, which acknowledges that some workers may be unable to find work due to their injury even though it is technically possible for them to do some work.

What Is the Odd-Lot Doctrine?

Sometimes, an injured worker cannot find stable work because of a combination of factors. For instance, an older worker without a college degree might find it much harder to switch careers after a disabling injury. In Illinois, an injured worker can qualify for PTD under the Odd-Lot Doctrine if a combination of factors makes them unable to find stable employment. These factors include:

  • The workers’ medical restrictions
  • The workers’ age
  • Lack of transferrable job skills
  • Limited education
  • Work history

You must make a determined attempt to find work that is unsuccessful before making a PTD claim under the Odd-Lot Doctrine.

Can You Go Back to Work on Permanent Total Disability?

If you qualify for PTD benefits in Illinois, you cannot work. If you return to work despite this fact, the Workers’ Compensation Commission may modify or cancel your benefits.

Can You Receive Permanent Total Disability and Social Security at the Same Time?

Yes, if you qualify for permanent total disability and Social Security disability simultaneously, you can receive both benefits. However, the Social Security Administration may reduce your payments due to your PTD benefits.

Contact an Illinois Workers’ Compensation Lawyer Today

Some workplace injuries result in a straightforward finding of permanent total disability. Other claims are more complex and may require more proof before receiving PTD benefits. If you are disabled because of a workplace injury, the attorneys at Johnston Law Offices P.C. can help you pursue your claim for permanent total disability. Contact Johnston Law Offices P.C. today to get the help you need.