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Restoring Dignity & Control After An Injury 

Illinois Court Affirms Additional Benefits for Workers with Multiple Injuries

by | Aug 20, 2024 | Injuries, Workers' Compensation, Workplace Accidents, Workplace Injuries |

In a recent decision, the Illinois Appellate Court has reinforced the rights of workers who suffer multiple injuries in a single workplace accident. The case, The American Coal Company v. IWCC, decided on May 31, 2024, sets an important precedent for workers’ compensation claims involving both scheduled and non-scheduled losses.

Case Background: David McCain Jr., a longwall shear operator, suffered catastrophic injuries in a workplace accident on November 5, 2016. His injuries included:

  • Blindness in both eyes
  • Injuries to his spine, hip, and abdomen
  • Psychological issues

The Legal Question: The central issue in this case was whether an injured worker could receive both:

  1. Permanent Total Disability (PTD) benefits under Section 8(e)(18) of the Workers’ Compensation Act for the loss of use of both eyes, AND
  2. Permanent Partial Disability (PPD) benefits under Section 8(d)(2) for additional non-scheduled losses (injuries to spine, hip, abdomen, and psychological issues)

The Court’s Decision: The Appellate Court affirmed the lower court’s decision, ruling that McCain was entitled to both types of benefits. This decision expands on previous case law and provides crucial protections for workers with multiple injuries.

Key Takeaways:

  1. Multiple Benefit Eligibility: Workers who suffer the loss of two body parts listed in Section 8(e)(18) (such as both eyes) can also receive benefits for additional injuries not specifically listed in the Act.
  2. Consideration of Total Impact: The court recognized that limiting compensation to only the scheduled losses would leave workers uncompensated for other serious injuries that further impact their earning capacity.
  3. Purpose of the Act: The decision aligns with the Workers’ Compensation Act’s goal of providing benefits to compensate for lost wages and diminished earning capacity.

What This Means for Injured Workers: This ruling is a significant win for Illinois workers who suffer multiple injuries in a single accident. It ensures that the full extent of a worker’s injuries and their impact on earning capacity are taken into account when determining benefits.

If you’ve suffered multiple injuries in a workplace accident, it’s crucial to work with an experienced workers’ compensation attorney who understands these complex legal issues. Your lawyer can help ensure you receive all the benefits you’re entitled to under Illinois law.

Remember, every case is unique. If you have questions about your workers’ compensation claim, don’t hesitate to reach out to Millon & Peskin for professional consultation.

[Note: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for guidance on your specific situation.]

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