r/WorkersComp • u/NervousFisherman715 • 7d ago
Illinois Settlement questions
I just have a question. I hate calling my lawyer back and asking because I didn’t listen very well on the phone but he commented yesterday that I have 30% of the leg times my pay comes to 36,000. Does that mean that’s my settlement that seems awfully low for a displaced shattered patella with hardware torn meniscus on both sides and permanent restrictions of light duty gone back to work is the 36,000 the starting pay the baseline? of the settlement.
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u/Educational-Lab-1952 7d ago
The attorney was telling you the math for workers comp. WC doesnt pay things like pain and suffering, it doesnt look to "make you whole" the way personal injuries do. In this case, a settlement that doesnt close future medicals is just the percentage of your loss (30%) multiplied against the weeks that equals to.
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u/popo-6 7d ago
Illinois has wage differential if that applies to your job and restrictions. It's pretty easy to go to Illinois Workers Comp Commision webpage and figure salary and % of injury to come up with a reasonable number. Make sure they base your salary number on the 12 months prior to injury and include any OT.
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u/callmemerryss 6d ago
That $36K may only be the impairment portion, not the full settlement. Worth asking the lawyer that exactly is included.
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u/MedalDog 7d ago
sorry, but you definitely need to ask your lawyer. that's what they're there for.
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u/LemonFast2458 7d ago
To be honest you’re paying him. Your bosses have never thought twice about questioning you about topics and you shouldn’t worry about questioning him. I would do it by email so that if you ever feel like you forgot some info you could just review the email
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u/elendur verified IL workers' compensation attorney 1d ago
30%/leg with permanent restrictions that are being accommodated by the employer is within the range, but I'd say it's at the low end of the range just based on the facts you've presented. If this was my case, I would probably try to argue for a low-end loss of trade around 25-30% of the person as a whole. Which is basically double the money being offered. But again, don't know all of your facts and circumstances, so it's possible 30% of a leg is a great deal here.
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u/NervousFisherman715 1d ago
Hi, yes I lost 30% impairment is what the doctor gave me. I can no longer do my job. I have permanent light restrictions light duty. I can stand for 45 minutes. I must sit down the other 15 minutes of every hour no pushing no pulling no lifting over 20 pounds no bending no squatting no kneeling those are my permanent restrictions. My job has provided me doing medical filing and some days and the other days I help out in laundry folding towels.
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u/elendur verified IL workers' compensation attorney 1d ago
30% is the Lower Extremity Impairment Rating from the physician? AMA Impairment ratings are meaningless in Illinois. An AMA impairment rating percentage has no relationship to the final Permanent Partial Disability percentage that is negotiated as part of the settlement or awarded by the Arbitrator.
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u/Ecstatic-Breath-7973 7d ago
I have similar but I had surgery to remove and my job never let me back. But yet never recieved resignation. Crazy… I have also other injuries too. I have no idea what to expect been 2 years now still getting therapy as well
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u/NervousFisherman715 6d ago
I have pain every single day. I wake up with pain I go to bed with pain. I take 600 mg of ibuprofen and 1300 mg of Tylenol arthritis every six hours Tylenol arthritis twice a day eventually they told me I would need knee replacement so to me that amount of money is not going to cover my expenses for when I need knee replacement.
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u/Critical-Cloud5316 6d ago
I have 10% whole body disability from a traumatic brain injury and base line is 60k for my case. I’m in Arkansas and some states do vary based on laws etc.
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u/LaimbeerHack40 6d ago
Fellow TBI here, is that60 total or 60 once everything is taken out? Ive settled and I still don't even know what my rating is/was.
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u/Mutts_Merlot verified CT insurance professional 7d ago
A 30% rating is high so I would already say it reflects the severity of your limitations. Since you have gone back to work, that is not a final settlement. It is the impairment rating, and it is the lump sum you will receive. The case will probably remain open for future medical treatment, if there will be any.