Legal Question in Workers Comp in Illinois

Re: Hurt at word

I can't answer your question if you choose to represent yourself. I would be happy to talk to you about representing you. Please feel free to call me at 312

913

1900.

Re: Hurt at word

Woker's Compensation settlement takes place usually when the doctors release you from care and they say that you are 100% or that you have some sort of disability. There is no right way to want to settle a case.

But, you may also have a third party claim against the owner of the property where you fell. If the ice was as the result of unnatural accumulation, you have a cause of action there as well. I suggest you quickly speak with an attorney to see whether there is a cause of action--third party claims are barred after 2 years from the date of the incident.

I hope this helps,

Taradji Law Offices

Re: Hurt at word

To answer your questions directly:

1. �How do I approach the Workman�s Comp rep to let him know I want to get a settlement?�

You hire a lawyer - or you call your worker's compensation adjustor and tell her/him you want to settle your "permanency".

2. �Is it normal for him to contact me or should a settlement not be expected by me?�

You should expect a settlement - you are entitled to be paid while you are unable to work, your are entitled to medical care, you are entitled to vocation rehabilitation if you are unable to return to your prior job, you are entitled to a payment to offset any wage differential you suffered and/or you are entitled to compensation if you suffered a permanent injury.

A fractured ankle with pins and plates (ORIF) is always a permanent injury. The appropriate amount for the settlement is a matter of judgment based upon your wage, the nature and extent of the permanence and your ability to compel the insurance company to pay the appropriate amount.

As you are not an attorney, the insurance company knows that you will not be able to navigate the complexities of the Worker's Compensation Commission and thus they will agree to pay you only about 50% to 70% of the true value of your settlement.

However, if you hire an attorney who is well versed in workers' compensation TRIALS you will receive the fair value of a settlement, however, you will have to pay at least 20% of the settlement in attorneys' fees.

As a general rule, you have three years from the date of the accident before the �statute of limitations� runs on a worker's compensation claim and two years for civil actions (negligence, etc.).

As such, you have some time to consider your options but I would not delay much longer.

Good luck and let me know how everything works out.

Matt Belcher