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
12 Answers from Attorneys
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
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.
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
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.
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.
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.
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.
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.
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.
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.
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