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How Much is My Illinois Workers Compensation Case Worth?

Content Provided by Horwitz Horwitz & Associates

A common question we are asked from people injured at work is, "How much is my workers' compensation claim worth?"

Your Right to Settlement by Mark Weissburg

When your medical condition has reached a state of permanency it's time to start thinking about settlement of your claim. What does permanency mean? It means that although there may be ongoing treatment (home exercise, prescription drugs, etc.) your doctor has determined that you've reached Maximum Medical Improvement ("MMI"). Sometimes the doctor will send you for a Functional Capacity Evaluation ("FCE") at this time in order to place permanent restrictions on you. These restrictions could include lifting restrictions, limits on how long you can stand or walk, postural limitations, driving restrictions, or any number of other restrictions based on your medical condition and residual pain. Although the insurance company would love to settle your case about 3 seconds after your doctor writes "MMI" on your chart, don't rush into it. An FCE is the beginning of finding out what your permanent restrictions are, not the end. You need to go back to work before you'll know for sure if you can safely work within these restrictions. Think of the FCE as an off the rack suit that might need some modifications. It might take several months of being back on the job before you know what you can and can't do. You should make a follow up visit with your doctor after you've been back to work so your doctor can modify your restrictions as needed.
Which gets us to a second reason you should not rush into settlement. Once you settle your case, the Workers' Compensation insurance will not pay for any more medical treatment, including that follow up doctor visit I just mentioned. There are rare exceptions to this where the settlement contracts specifically keep your medical rights open, but in most settlements your medical rights are closed.
So now we get to the big question, "how much is my case worth?" The short answer is, "not enough." After I'm done with the long answer, you'll wish you'd stuck with the short one, but here goes.
How much is my case worth?
There are several variables involved in the value of your case. These include the amount of time you're off work, what treatment you get, whether that treatment includes surgery, whether you can return to your former job or need to find a new one, whether that new one pays as much as the old one, and what permanent restrictions you have. There's even more to consider than that—if you have a disfigurement or an injury that causes permanent total disability, special rules apply—but this list covers most situations.
Assuming you've returned to your previous employment, or are earning the same now that you would have if the work accident had never happened, your case is likely to settle based on one or more of the enumerated injuries in Section 8(e) of the Act, known as the "Schedule of Injuries." You and I think of a schedule as something that has dates and times in it. The IWCC thinks of it as something that has thumbs and toes in it. Section 8(e), like the rest of the Act, can be found online at http://www.iwcc.il.gov/workers.htm. Each body part is assigned a certain number of weeks. The number of weeks your body parts are worth changes depending on your accident date, due to the 2005 amendments to the Act. Congratulations, your body is now more valuable than it used to be. (Warning: your spouse might not agree.)
But seriously now folks. You rate your injury as a percentage loss of use of a body part, multiply that percentage by the total number of weeks that body part is worth, and multiply that by your PPD rate. No, not your TTD rate, your PPD rate. This is your Permanent Partial Disability rate, and it's equal to 60% of your average weekly wage, subject to maximums and minimums, which can be found at http://www.iwcc.il.gov/benefits.htm. Let's take a common example, bearing in mind that every case is different, so yours might settle for more or less than this example.
Example – Calculating Your Illinois Workers Compensation Settlement
Leon fell at work and broke his leg. He wore a cast, did some physical therapy, and now he's back at work feeling good as new. The Workers' Compensation insurance has offered to settle his case for 5% of a leg. This, by the way, sounds like a very low offer. Don't take it Leon! Anyway, Leon was injured on 7/21/05, so his entire leg is worth 215 weeks of benefits. His average weekly wage is $1,000, so his PPD rate is capped at the maximum for his accident date, which is $591.77. So what is the settlement offer worth?

5% x 215 x $591.77 = $6,361.53

Hey, I warned you it was a low offer. What would a fair settlement be? You should have an experienced work injury lawyer review any settlement before you sign on the dotted line to make sure the settlement is fair.
Bear in mind, this is how you calculate the value based on the Schedule of Injuries. If the injury resulted in Leon going to work for a lower wage than he previously had, then it's more likely the case would settle on the projected lifetime value of that wage differential. If your injury has resulted in a wage differential, run, do not walk, to the nearest qualified Workers' Compensation attorney (assuming running is within your doctor's restrictions). The last thing I want is for you to settle your case for thousands of dollars less than its real value. That would make no one happy except for the insurance company, and we don't want to make them happy. We want them to pay you what your case is worth and not a penny less.
In summary, protect your rights by getting good representation, and make sure you get the settlement you deserve.

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This article is a modified excerpt from Mark Weissburg's "How to Win a Workers' Compensation Claim in Illinois." You can receive a FREE copy by making an appointment to see a qualified Workers' Compensation attorney at Horwitz, Horwitz & Associates. Call 866-360-9310 for a FREE consultation and book today.

A FREE consultation with our Chicago workers compensation attorneys can help ease your fears and protect your rights.
We invite you for a free telephone or in person consultation to discuss your accident and any questions you may have. Most of our lawyers have more than 30 years of experience and we have an outstanding track record in help our clients, as you can see in our Success Record.
Please call our Chicago or Joliet Office Toll-Free at (866)-360-9310.

To learn more visit horwitzlaw.com.

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