Legal Question in Workers Comp in Illinois

Re: Knee replacement/work comp/ Illinois

There are many excellent attorneys in Chicago who could assist you in this matter. I would encourage you to retain one. You may contact my office for a free consultation. 312--357--1431.

Re: Knee replacement/work comp/ Illinois

QUESTION:

I have had total knee replacement and have just been released from the doctor. I am going to request that settlement procedures begin with the insurance company. Should I consult an attorney with this matter? Also, what kind of settlement will I be looking at roughly? I am a 44 year old male.

ANSWER:

If you retain an attorney you will have to pay 20% in attorneys' fees.

However, that sum may well repay itself. Without an attorney you will probably be offered a sum of money but it is my experience that that sum will be about 25-30% less than you would be able to recover if you had experienced counsel to help you with the negotiations.

You are entitled to a payment for the permanent loss of use of your leg - that sum will be calculated based upon your average weekly wage and the percentage of a leg you have lost.

Or, you are entitled to a wage differential if you have not returned to your usual - preinjury - occupation.

Assuming that you returned to your prior job (making the same amount per week), I would need to know more about your current restrictions, range of motion, limitations and a job description.

If you will provide that information, I will try to provide you with more information that is particular to your case.

Thanks,

Matt Belcher

Re: Knee replacement/work comp/ Illinois

Is this a work injury? If so, you are entitled to file a workers compensation claim and get paid for your total or temporary disability, your wage loss and all your medical bills. If you cannot do the same job you used to do, you may be eligible for re-education in order to be able to do a job you are able to perform.

If this is not a work injury, in addition to the above damages, you are also entitled to your loss of normal, life, any future medical care needed, pain and suffering and any out of pocket expenses.

you do not say how you were injured. just because you were injured, it does not automatically entitle you to get paid. You have to prove three things:

1- that you were injured

2- that the defendant was negligent

3- that the injury you have received is a direct result of the defendant's negligence.

If you fail to prove any of these, you get nothing. Can you do it yourself? I highly think not. The insurance adjusters are well trained in these areas and their sole purpose is to pay you as little as possible--and they can sound pretty convincing when they will try to tell you that you do not have a case. You can try it yourself, and say things that will hurt your case delighting the adjusters.

In order to give you a better answer as to what you should be expecting, I need to know a lot more about how the accident happened, your medical treatment, who are the doctors, what were the diagnosis etc...

Don't get me wrong, you can do it yourself but statistics have shown that those representing themselves are more likely to get short money in comparison to those who are represented by an attorney.

This is your case and it is your money.

I hope this helps,

Taradji Law Offices

Re: Knee replacement/work comp/ Illinois

Dear Sirs:

It is to your advantage to hire an attorney since we can request narrative reports from your physicians setting forth the nature and extent of your injuries, and the prognosis.

Please call to discuss. Your settlement amount will be determined by the extent of disability you have sustained.

Sincerely,

John C. Wunsch

Re: Knee replacement/work comp/ Illinois

Consultation with an attorney is advisable because an experienced attorney will

provide you with a free no obligation

meeting.

The value of your claim is based upon

the nature and extent of your injury.

Any disabilities you have due to your injury are a significant factor in valuing your claim. Also, any

potential future problem is an important factor. Additionally, your

marital and family status as well

as your rate of pay are factors that

go into evaluating your case.

In Illinois, the law provides guidelines to valuing settlement.

All of the above factors play a role

in determining a proper award or settlement.

Please do not hesitate to contact me

for a free phone or office consultation.

Scott Blumenshine

Law Offices of Meyer and Blumenshine