Legal Question in Workers Comp in Illinois

Re: Workmans comp pay

QUESTION:

I get $552. from Workmans comp, per week. Found job that pays $15.50 an hour ($620. a week) but health insurance is $155 per week ($620 a month). After health insurance is deducted, I am only making $465 a week, before taxes. Does Workmans Comp have to supplement the difference weekly (before settlement)? Do they supplement my pay before or after taxes... and is health insurance payments considered when I get my weekly TTD check?

ANSWER:

No, your health insurance is not considered when you get your weekly checks.

Your 'weekly checks' or TTD checks are determined by adding together your last 52 weeks of pay and then dividing that amount by 52 to determine your "average" weekly wage.

That sum is then multiplied by 2/3rds to determine the amount of your check. Your health insurance is not included in that amount - however, you do not have to pay income tax on that money.

Additionally, special rules apply in determining the "average" - if you worked overtime, if you missed some time from work and/or you worked for less than 52 weeks for your current employer.

In your case, the insurance company has determined that your average weekly wage was $830 per week.

Insurance companies almost always under-pay injured workers without attorneys because they know that it is complicated to determine the correct average weekly wage.

Once you have reached maximum medical improvement - which you probably have or you would not be placed in a new job - you no longer receive TTD benefits.

You are then entitled to 'maintenance' and vocational rehabilitation OR (more generally) you settle the permanency of your loss.

In your case, it appears that you have a wage differential.

Wage differential cases require lawyers.

The amount of your differential depends upon the insurance company's calculation of how much money you 'would have made' from that occupation had the accident NOT occurred and how much money you currently earn.

Those benefits can turn out to be hundreds of thousands of dollars depending upon your life expectancy because the insurance company would have to pay your wage differential until you die.

In a wage differential case hiring a well-qualified lawyer would pay for itself in the increased amount of money you would be able to recover.

If you need more information do not hesitate to contact me.

Matt Belcher

Re: Workmans comp pay

It might be part of your wage, we would have to take a look at your pay stub and learn some more facts. If you want us to do that (no charge) give me a call at 312-

346-

5578.

Yours truly,

Michael Helfand

Attorney at Law

www.findgreatlawyers.com

Re: Workmans comp pay

Health insurance costs are not considered. Basically, you are not entitled to continued TTD if you are working. You may be entitled to a "wage differential" if your weekly pay ($620) is less that what you were making (gross) before your injury. However, you also have to show that your injury is the reason for the change in pay, i.e. because of ongoing disability from your injury, you had to take a job that paid less.

If you want to discuss it further, and if you would like to talk about additional compensation you may be entitled to, feel free to give me a call.

Re: Workmans comp pay

Dear Sirs:

Workmen's compensation does have to make up the difference in income incurred as a result of an accident. If you can show that you now must permanently work at a lower wage.

Please call to discuss further. (312) 977--9900.

Sincerely,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]