Legal Question in Workers Comp in Illinois
work comp
I got hurt at work almost 3 years ago have had 2 back surgery and now they want to settle the dr says i have 40 percent loss of use of my back how do they determine what that is worth . and since the company waited 4 months to give me the first surgery i have nerve damage in my leg is that worth a settlement are is it all the same
3 Answers from Attorneys
Re: work comp
You better have had engaged the services of an attorney. Otherwise, there is no way of knowing whether what they are offering you is fair. Usually, some items in a WC claim are calculated using a set formula. However, percentage of a loss is a matter of negotiation and looks like you have not engaged in any and are going to simply accept what they give you. Without a lawyer you are at the mercy of the insurance adjuster.
It also looks like the statute of limitation is coming to a close. If you want the help of an attorney, you better move fast.
Hope this helps,
Nima Taradji
Re: work comp
Dear Sirs:
The amount of your settlement will depend primarily on the extent of your disability.
Whether you have returned to work, your current symptoms, and the need for future medical treatment will also be factors in determining how much your settlement should be.
Please call should you wish to discuss.
Many thanks,
John C. Wunsch
Re: work comp
You really have a significant injury and I'd hate to see you get short changed at all by the insurance company - and if they can, that is what they will do.
There are many factors that go into determining a fair settlement. An experienced workers' compensation lawyer, such as those in my firm, can advise what you might be looking to expect. We have handled many similar back injury cases in the past adn obtained excellent awards for our clients.
Without knowing the facts of your case, it is nearly impossible to give you a figure on what to expect. However, to answer your qustion, barring any unforseen defenses, generally, in my opinion, if you have two surgeries to your back, you should expect to receive at least 35-40% loss of use of a person as a whole, which equals 175-200 weeks of compensation at 60% of your average weekly wage.
This of course is a guestimate. I'd be happy to give you some more concrete numbers if I could speak to you about your case. Feel free to contact me any time - I'd love to help you get what you deserve.
You should do so right away as your statute of limitations sounds as if it is near.
Good luck!
Jason Marker, partner
Quinn, Meadowcroft & Marker