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Hi. My husband was injured in Feb.. We're wanting to settle our W/C claim. Is there some place online that shows the "value" of an arm in IL? Also is there some place that tells how a settlement is calculated that is pretty easy to understand?

Thanks for any help. Smile

DadToThree's wife
I just wanted to add this FYI... my husband's collarbone was broken when he was squished between a truck and a all at work. He didn't lose his arm. He has lost some function though and is still in therapy.

DadToThree Wrote:Hi. My husband was injured in Feb.. We're wanting to settle our W/C claim. Is there some place online that shows the "value" of an arm in IL? Also is there some place that tells how a settlement is calculated that is pretty easy to understand?

Thanks for any help. Smile

DadToThree's wife
no, there is no such site for Illinois comp claims. settlement value is subjective and many factors are taken into consideration: the rating, of course, but also loss of earnings both past and future, whether the worker has returned to work; possible future lost time due to potential surgery, etc.
One of the key components is what other similar cases have settled for.
and no, there is no data base that will let you figure it on your own.

the system in Illinois like many other states is generally setup to funnel seriously injured workers to attys.
like most states it's a legal system. set up by the legal community for the legal community.

there is a benefit calculator here but it really doesn't do settlements
http://www.compcalc.com/
Hi. Thanks! That is helpful info.. We are trying to do this without an attorney but we belong to Prepaid Legal so we do have a lawyer answering questions for us even though we're not suing at this time. Having a lawyer to talk with has been helpful. Thanks again. Smile


1171 Wrote:no, there is no such site for Illinois comp claims. settlement value is subjective and many factors are taken into consideration: the rating, of course, but also loss of earnings both past and future, whether the worker has returned to work; possible future lost time due to potential surgery, etc.
One of the key components is what other similar cases have settled for.
and no, there is no data base that will let you figure it on your own.

the system in Illinois like many other states is generally setup to funnel seriously injured workers to attys.
like most states it's a legal system. set up by the legal community for the legal community.

there is a benefit calculator here but it really doesn't do settlements
http://www.compcalc.com/
you cant sue for a WC injury.....they dont pay for pain and suffering just lost wages (and they dont cover all that) and medical.
If we knew a little about the injury, like who's truck was it? who's fault was it? How this took placed to get injured? Husband might be able to sue trucking company if it was proven their fault. But then Work Comp Insurance will get all their money back after you settle with trucking company. (Called Third Party Suit)
Just to get an idea of permanent partial in terms of what your husband may be entitiled to:

PPD is:
a) The complete or partial loss of a part of the body; or
b) The complete or partial loss of use of a part of the body; or
c) The partial loss of use of the body as a whole.

“Loss of use” is not specifically defined in the law, but it generally means the employee is unable to do things he or she was able to do before the injury.
There are four types of PPD benefits:

Wage differential
If, due to the injury, the employee obtains a new job that pays less than the pre-injury job(s), he or she may be entitled to receive a wage differential for the duration of the disability. The wage differential is two-thirds (66 2/3%) of the difference between the amount the worker earns in the new job and the amount he or she would be earning in the old job(s).

An employee may be compensated for either the loss of wages or the permanent disability related to the same injury, but not both.

Example: A worker was earning $500/week at the time of injury. While the worker was off work and recuperating, the pay for the job increased to $520/week. Due to the injury, the worker can only find a job that pays $300/week.
Pre-injury average weekly wage (AWW) = $500
Current AWW of pre-injury job = $520
AWW of post-injury job = $300
Wage differential = $520 - $300 = $220
PPD benefit = $220 X 66 2/3% = $146.67/week

Schedule of injuries
The law sets a value on certain body parts, expressed as a number of weeks of compensation for each part. The number of weeks is then multiplied times 60% of the employee’s AWW.

If a body part is amputated or if it cannot be used at all, that represents a 100% loss, and the employee is awarded the entire number of weeks listed on the chart. If the employee sustains a partial loss, the benefit is calculated by multiplying the percentage of loss by the number of weeks listed. (weeks are listed by body part in this statute about halfway down: http://www.workerscompensation.com/regul...304&title= )

Example 1:
A worker earning $500/week injures his or her thumb, and the thumb is amputated. According to the schedule, a thumb is worth 76 weeks.
PPD weekly rate = $500 X 60% = $300
Number of weeks = 76
PPD benefit = 76 weeks X $300 = $22,800
Example 2:
A worker earning $500/week injures his or her thumb, and it is later determined there is a 10% loss of the use of the thumb.
PPD weekly rate = $500 X 60% = $300
Number of weeks = 76 weeks X 10% = 7.6
PPD benefit = 7.6 weeks X $300 = $2,280

Non-schedule injuries (person as a whole)
If the condition is not listed on the schedule of injuries, but it imposes certain limitations, the employee may be entitled to a percentage of 500 weeks of benefits, based on the loss of the person as a whole. The number of weeks is then multiplied times 60% of the employee’s AWW.

Example:
A worker earning $500/week suffers a back injury that is determined to have caused a 10% loss of the person as a whole.
PPD weekly rate = $500 X 60% = $300
Number of weeks = 500 weeks X 10% = 50 weeks
PPD benefit = 50 weeks X $300 = $15,000

Disfigurement
An employee who suffers a serious and permanent disfigurement to the head, face, neck, chest above the armpits, arm, hand, or leg below the knee, is entitled to a maximum of 162 weeks of benefits at the PPD rate. The number of weeks is then multiplied times 60% of the employee’s AWW. A scar must heal for at least six months before a hearing to assess the disfigurement can be held. An employee may not collect compensation for disfigurement and the loss of use for the same body part. For example, a person who undergoes carpal tunnel surgery and is found to have experienced some loss of use may be awarded a benefit based on the body part or on the disfigurement from the surgery scars, but not both.
Kate- how do they figure the loss of a arm, due to injury and surgery?, have been told that I would never be able to return to my nursing as a bedside nurse. The FCE is 85% loss, Due to brachial plexopathy with TOS both neuro and Vascular involement, also RSD, the doctors wanted to due three more surgeries with the hopes that it might help. but do to other health problems the risks were to great that the surgery was refused. Also now am having problems with the other arm, also have one kidney that has stopped working due to all the medications. How is all this figured in a settlement. Also why does it take so long to settle in IL. I was injuried in 2003 and have not had any more treatment in over a year.
Tinkerbell, Maybe Kate can answer your question, I think why it takes so long is the attorneys and IC, Medicare in my case took a year and my case could not be settled untill we (attorney) had a letter of release from Medicare, stating that I owed them nothing. ( Medicare had put a lein on my settlement) I feel it is all in the games they play, Delay, Delay, Delay. That way they can hold onto there money longer.........
RNvic Wrote:Kate- how do they figure the loss of a arm, due to injury and surgery?, have been told that I would never be able to return to my nursing as a bedside nurse. The FCE is 85% loss, Due to brachial plexopathy with TOS both neuro and Vascular involement, also RSD, the doctors wanted to due three more surgeries with the hopes that it might help. but do to other health problems the risks were to great that the surgery was refused. Also now am having problems with the other arm, also have one kidney that has stopped working due to all the medications. How is all this figured in a settlement. Also why does it take so long to settle in IL. I was injuried in 2003 and have not had any more treatment in over a year.

The doctor does the rating. Many states use the AMA guides but I'm not sure about IL. It's based on several things like range of motion, loss of use, etc. Also, most states do take into consideration other conditions that are a result of the original injury.

Regarding why it takes so long, I found this:

Once a claim has been filed, the case is set on a two-month* cycle. Every two months, the case is set for an arbitrator's status call. At the call, the parties may request a trial or offer a settlement agreement. If no action is taken, the case is continued for another two months. This rotation continues for three years. At that time, the case may be dismissed unless the parties show there is a good reason to continue it.

The vast majority of disputes at the Commission are settled without ever going to trial. On average, a settlement is approved about 1 1/2 years after a claim is filed.

It is important to realize that for the first three years, it is the parties' responsibility to move the case along. Parties often need to wait, for example, until the worker has reached maximum medical improvement. The Commission's rules permit the arbitrator to allow cases to continue for three years before encouraging resolution.

There is an expedited process for emergency situations. If an employee is not receiving cash or medical benefits, he or she may file a petition under Sections 19(b) or 19(b-1) of the law.

* To accommodate vacations, cases are occasionally continued for four months.


There are many reasons why an insurance company doesn't settle right away. In some cases, Tuffy is right, they want to hold onto their money as long as possible. Other times, they are waiting to see what type of future exposure they may have before they make an offer. If they aren't paying you and not providing medical, they don't have as much incentive to settle. An insurance company settles to mitigate their losses. If they aren't paying, they're not losing anything right now.

I know this doesn't help much, but at least it may help with understanding the system (as bad as it may be)
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