Legal Question in Workers Comp in Illinois

Re: job buyout

If you already have an attorney, you need to discuss this with your attorney. If you do not have an attorney, you need to hire one. If you call me, I would be happy to refer you to one of the best worker's compensation attorneys around. No matter what you do, I wish you the best of luck.

Re: job buyout

Dear Sirs:

In addition to your other benefits, you may also be entitled to a wage differential.

Please call so that we may discuss how we can obtaain for you this additional benefit.

Many thanks,

John C. Wunsch

Law Offices

(312) 977--9900

[email protected]

Re: job buyout

Let me start by saying that this is a more complicated situation than an online response can completely answer.

You are entitled to TTD payments until you are at MMI, then maintenance benefits until you are employed in a new job within your restrictions and then wage differential payments for the duration of your diminished earning capacity.

TTD and Maintenance payments are approximately 66% of your average weekly wage and Wage Differential is 66% of your old wage minus your new wage.

Those payments can be paid for the rest of your life.

You cannot however force the employer/insurance company to "buy" you out.

You can request that the pay you a lump sum of your wage differential payments reduced by the "present value". However, such a settlement would usually close your medical benefits so you would need to negotiate that point explicitly into the contract.

You really need to hire a lawyer for this situation. It will cost you a maximum of about 75 weeks of benefits or 20% of the total (whichever is less).

Good luck,

Matt Belcher

Re: job buyout

This sounds like a major accident and injury you have suffered. You need an attorney to negotiate for you and get you the best deal possible. Without an attorney, you do not stand a chance of a decent, honest and fair deal.

It is impossible to know whether or not what they have offered is fair without knowing all the details of your case. Just know one thing: your employer, your insurance, their doctors and the adjusters are not your friend. In fact they are working hard, hand in hand, to short change you in any way they can.

Your only hope is to get a qualified attorney to make sure you get what you need. That includes future medical care.

That is the best advice I can give you.

Good luck-

Nima Taradji