Legal Question in Workers Comp in Illinois

Re: How much is 2.5%?

Your lawyer has done a poor job of communicating with you. The settlement is based on your husband's average weekly wage (AWW). He is entitled to a Permanent Partial Disability rate of 60% of the AWW. The severity of the injury will determine the number of weeks he is entitled to. Most parts of the body are given a weekly value. However, some parts such as the back fall under the catch-all category of Man-As-A-Whole (MAW). This catergory is worth 500 weeks total. If you are offered 2.5% of MAW you will get 12.5 weeks times 60% of the AWW for the total settlement.

The company has offered and you must accept the offer and then sign Settlement Contracts (SC) that give the detail of the offered amount and any expenses against the settlement amount, such as attorney's fees (20%) medical record costs, etc. The SC will tell you oyur bottom line.

Once you and the compnay sign the SC they are presented to the Arbitrator assigned to your case for his review and approval. Once approved they are returned to the lawyer and them the insurance company for payment.

The case against the driver is a separate action that may affect the Workman's Comp receovery. You cannot collect for the same items of injury from both sources.

My advise to you is to have a frank discussion with your lawyer. Make him answer all your questions. He stands to make some money off your injury so he should explain all these things to you.

if I can be of service please call for a free consultation.

Michael 773 772-8989