Legal Question in Workers Comp in Illinois

training

slipped on backstairs on broken plate,slicing flexor tendons on ring finger of primary hand.can employer train you on machine that the job pays $25k vs.my$73k and

void my claim


Asked on 1/10/08, 7:56 pm

12 Answers from Attorneys

Scott A. Blumenshine Blumenshine Law Group

Re: training

Your claim cannot be voided.

You have a claim which

is for medical expenses,

wages while you are disabled

and for the permanency

of your injuries.

If you are retrained for

a lower paying job, you

would have a claim for

wage differential which

is the difference between

what you were earning and what you

would earn in new position.

The value of that claim

is about $50,000 a year

going forward.

Please do not hesitate

to contact me for a free

no obligation consultation.

Scott Blumenshine

Law Offices of Meyer and Blumenshine

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Answered on 1/10/08, 8:03 pm
John Steele Steele Law Firm

Re: training

No

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Answered on 1/10/08, 8:32 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: training

The previously posted answers are excellent. You definitely need to hire an attorney who is trained in this field of law and who will maximize your financial recovery. If you are in the mid-state to down-state area and do not have an attorney, you may contact me at my office. I will be happy to refer you to someone who can help you.

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Answered on 1/10/08, 10:25 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: training

No, you need a workers comp lawyer.

Please feel free to use these resources:

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

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Answered on 1/10/08, 10:36 pm
John Wunsch Law Offices John C. Wunsch, P.C.

Re: training

Dear Sirs:

You may be able to recover for both the cost of retraining as well as the differential between what you were earning and what you can earn now.

Please give us a call to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

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Answered on 1/11/08, 9:53 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: training

Dear Sirs:

You may be able to recover for both the cost of retraining as well as the differential between what you were earning and what you can earn now.

Please give us a call to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

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Answered on 1/11/08, 9:53 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: training

Dear Sirs:

You may be able to recover for both the cost of retraining as well as the differential between what you were earning and what you can earn now.

Please give us a call to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

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Answered on 1/11/08, 9:53 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: training

Dear Sirs:

You may be able to recover for both the cost of retraining as well as the differential between what you were earning and what you can earn now.

Please give us a call to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

Read more
Answered on 1/11/08, 9:53 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: training

Dear Sirs:

You may be able to recover for both the cost of retraining as well as the differential between what you were earning and what you can earn now.

Please give us a call to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

Read more
Answered on 1/11/08, 9:54 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: training

Dear Sirs:

You may be able to recover for both the cost of retraining as well as the differential between what you were earning and what you can earn now.

Please give us a call to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

Read more
Answered on 1/11/08, 9:54 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: training

Dear Sirs:

You may be able to recover for both the cost of retraining as well as the differential between what you were earning and what you can earn now.

Please give us a call to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

Read more
Answered on 1/11/08, 9:54 am
Matt Belcher Belcher Law Office

Re: training

At first I was not sure if I completely understood your question, but now I think I may know what your concern is...

When an injured employee has reached "maximum medical improvement" and has a residual permanent injury, the law provides that you are entitled to an award for the permanent loss from the injury. (For example, 50% of a hand or 30% of a ring finger, etc.)

However, if you also have a permanent work restriction AND cannot return to your usual occupation, then you may be entitled to vocation rehabilitation.

If that vocational rehabilitation results in you finding a new job where you only make $25,000 per year - and your prior job pay $73,000 per year - you are entitled to be compensated for the reduction in your pay.

That payment for the reduction in your pay is called a "wage differential" (the "difference" in your wages).

But - and this is where the confusion often occurs - you cannot recover for "permanency" AND a "wage differential".

So the answer to your question is that your employ MAY train you on a new machine and you CANNOT recover your claim for your injured finger.

However, the employer then MUST pay you two-thirds of the $50,000 per year that you are losing.

The employer MUST also pay that amount for as long as your life.

As such, the "wage differential" will be higher than the loss of use of your finger or hand unless you are 82 years old.

So you need to determine your life expectancy, the percentage loss of a finger or hand versus the wage differential - and then you can choose which one brings you more money.

If you give me more details and I will provide you the exact calculation of which to choose without charge.

Thanks,

Matt Belcher

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Answered on 1/11/08, 11:45 am


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