Worker's Comp Settlement Explanation

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Question: On a workers comp settlement offer I received for a L4/L5 herniated disc surgery, they refer to a "17% man as whole (85 weeks)." What does this mean and how do they come up with this amount?

Illinois Workers' Compensation Attorney Answer

The Illinois Workers' Compensation Act provides for compensation for various categories of disability. One category of permanent disability is whole body impairment, which is often referred to as "man as a whole." Whole body impairment, or "man as a whole" disability, is compensated based upon weekly benefits for that percentage of 500 weeks that the partial disability bears to total disability.

In your case, you have received a settlement offer equal to 17% whole body impairment. Seventeen percent of 500 weeks is 85 weeks of compensation.

In your particular case, your injury could be worth more or less than 17% whole body impairment, depending upon a number of factors. Generally speaking, I would usually expect to receive more than 17% whole body impairment in an undisputed case involving a herniated lumbar disc with surgery and a reasonable surgical outcome. However, every case is different, and your claim could be worth more or less than that figure depending upon the facts and circumstances of your particular case.

If a dispute arises regarding the nature and extent of your disability, you have a right to a trial before an Arbitrator at the Illinois Workers' Compensation Commission. The Arbitrator has the legal power to resolve all disputed issues of law and fact under the Act, including the nature and extent of the disability.

If you are represented by counsel in your workers' compensation case, your attorney will know how to set the case down for hearing before an Arbitrator at the Commission.

Marc A. Perper

Marc Perper is an Illinois workers' compensation lawyer and partner with the firm Horwitz Horwitz & Associates. Since 1984, Marc has represented injured workers at the Illinois Industrial Commission, in Circuit Court, and before the Illinois Appellate Court and the Illinois Supreme Court.

To learn more visit horwitzlaw.com.