In Illinois the injured worker must prove all parts of his or her case.
This includes proving that you can no longer work as a result of your injury.
Some accidents are so severe that the resulting limitations keep you from returning to work and prevent you from working any job.
The Illinois Workers’ Compensation Act and the Illinois Courts have provided that you must attempt to find jobs within your limitations to prove you are unable to work.
There are some limited situations in which the injury is so bad that you do not have to look for work, however in most cases you must perform a job search.
This can be a job search on your own, or using a vocational consultant.
The job search should be organized, documented and extensive.
This means you need to treat it like a full time job.
Search for jobs 5 days a week.
Keep records.
It may take 6 to 12 months.
If you find a job, then you should record how much you will be paid.
This may be less pay than your former job. If so it will prove that you are entitled to a wage differential.
If you cannot find a job, then you can present this evidence at your trial to prove that your work injury has resulted in permanent total disability.
Questions about ways to strengthen your case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.