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One of These Things is Not Like the Other: Or, Why Am I Not Disabled if I’ve Been Found Disabled?
Monday, August 22nd, 2011
Many injured workers who are found to be permanently and totally disabled under the Workers’ Compensation Act are also found to be disabled under the federal Social Security program. However, just because the Social Security Administration finds an injured worker to be disabled, it does not mean the Illinois Worker’s Compensation Commission has to do the same. And vice versa. This fact is something injured workers can sometimes have difficulty understanding. After all, why are they having to fight so hard to prove their disability to the Commission when the federal government has already said they cannot work?
The reason is because both entities are completely different administrative agencies with a different set of standards and laws. The Illinois Workers’ Compensation Act is a creature of Illinois state law and has a different definition of what constitutes a permanent disability than does the federal Social Security Administration. The situation can sometimes get confusing because a workers’ compensation client is asked to prove a good faith job search effort even though they are receiving Social Security disability checks. However, a diligent job search is critical to most cases of permanent disability with the Commission, and an injured worker should not use the Social Security decision as an excuse to just sit at home and watch TV. An award of SSDI is fine, but it is not the end of your workers’ compensation case.
The bottom line is that a worker always has the burden of proof in his or her claim. Do not let your guard down just because you have been awarded Social Security disability benefits. You must continue to build your workers’ compensation case through a good faith job search effort. If you do, it is much more likely both agencies will reach the same conclusion.
– Thomas M. Strow, Attorney
