Legal Question in Workers Comp in Illinois

pay after MMI

I am maxed out as far as benefits go, I was hurt Feb of 07. Not only am I over the 133% state average but I also had a part time job that I was making $800 a month at. If my job can not accommodates my restrictions after I am declared MMI what is their obligation as far as what they have to pay me. Say I find a job paying $20.00 an hour I make $50.00 an hour now do they have to pay 66.7% of the difference of what I made or only the difference of what my TTD payments were? And does my part time job ever come into effect? I know in the future I will need a total knee replacement so I have to keep medical open. In a ballpark kind of way what kind of settlement is fair if I can only get a $20.00 an hour job? Does my pension getting screwed up have anything to do with the settlement? Even though I am 44 years old I normally would be able to retire at 51 years old because of time on job. If I have to start all over this will no longer be true, my pension will be frozen were its at now.


Asked on 7/01/08, 11:54 pm

1 Answer from Attorneys
Matt Belcher Belcher Law Office

Re: pay after MMI

I have been reading and re-reading your question and trying to provide you an accurate and succinct answer but the truth is you have a complicated matter and there are MANY variables.

I seriously recommend that you meet in person with a few lawyers who are knowledgeable in workers compensation.

The bad news is that maximum rate means that is the "maximum" that they have to pay you - however, if you have a lawyer you can negotiate a lump sum settlement of all of your future payments, which may offset the sting a little.

With regard to keeping medical open - that is possible but not guaranteed. The insurance company is not in the business of paying benefits, it is in the business of managing risk.

There will have to be negotiated resolution of you and the insurance company's risk and reward.

Let me know if you need more information.

Matt Belcher

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Answered on 7/02/08, 3:13 pm


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