? about Wage differential case

[maw19531]

My case is nearing settlement. It's been 4 years since my work injury. I had 2 back surgeries and was put at MMI in Dec, 2007. I have permanent restriction from the FCE test i took. No sitting or standing more than 2 hours per work day and a few more. I am also in pain management for life taking some strong narcodics. I am working with a vocational rehab person who has been trying to find me a job for the IC for the past 3 months. I have applied for over 150 jobs with no responses. With my restrictions and drugs I doubt any employer will hire me. I am also on SSD for the past 2 years. My question is how do they determine what I should be earning today if I can't find a job. If I was earning $1150.00 per week before the injury how will they determine the wage differential today if no one will hire me. My attorney put in 400.00 saying I can work part time due to my restrictions but what will the arbritrator do in a case like mine? If I don't find any job by the time of a hearing does he determine what I could or should be earning today for a wage differential case? I am in Illinois.

[Bad Boy Bad Boy]

((Wage Differential Pay)) Very good question....

Ok, the way it could work using ((EXAMPLES ONLY))...

Example; Was making say $1,200.00 ((GROSS)) and now can only Gross $400.00. That then is a difference of $800.00 per week ((Gross)) Difference. But don't start setting your calculator in front of you just yet...

They then will use the Life Calculator...
http://www.ssa.gov/OACT/STATS/table4c6.html

Then allowable Discounts they can use....

How much Interest said momey can make over the Life of said money or payments made....]

Lets not forget Attorney Fee's.....

Now if you did get your Calculator out and were figuring lets say for ((Example)) an amount of say $1,500,000.00 out or something like that, then throw the caculator in the garbage... You will never see that...

Now don't forget, you said your on SSDI. Then there has to be what is called a Medicare Set Aside Fund set up with CMOS.. Where they figure a set amount of money be put away that will have to be spent for future medical for that injured body part only...

Ok, if you don't get a Lump Sum Settlement, then beware, for if they send you weekly or monthly checks, they do stop coming once you die. Or if your medical condition becomes better, they can re-evaluate your case and you. If you die, you family gets no money if you get weekly payments. They are paying you, for your injury, not your family. Like I said beware weekly payments for settlements. Lump sum settlements mean even a bigger discount comes off the top, yes a whole bunch then gets sliced right off. If you then see $80,000.00 to say $200,000.00 that may be it. These are simple (EXAMPLES ONLY)) There is alot of work that goes behind any kind of settlement. They have the Math down to a Science. For us injured workers, we try to caculate on our own and our hopes get to high. Don't count those coins till you see them in your hands. No one, not one soul gets rich from Work Comp. No Pain, No Suffering, no such thing in Work Comp..

If you don't have an Attorney I would get one..

If you try to obtain a Settlement by going to Court, or in front of the W/C Hearing Officer, you then might see your chances of weekly or monthly payments becoming a true fact of an award to you.

MOST IMPORTANT POINT;

Beware, for it is well known, that many people that get Lump Sum Settlements, are Broke within 5 years after obtain such money. This is a true fact....

[maw19531]

I am not expecting to "get rich" off of the work comp system. The IC has made their first offer of 40% disabled as a man in Illinois. My attorney said the first offer is always low and that I am better off with a wage differential case than a PPD case where they pay me for 200 weeks.

[Bad Boy Bad Boy]

I always apply the issue about getting rich, in case others come along and read the post. I didn't mean it or direct to you, but for new comers that come to the board.

I would say, your Attorney has a better way of settlement in mind, and it will be better for you also. But this is the first time I heard anything about 200 weeks being used here in Illinois.

[jayne]

badboy mine was gone in less than 6 months....but I payed off every bill I owed to include our farm....we now live bill free except for monthly electric,water and such.. we now live on our retirements and SSDI....while we are not rich we will survive as long as the goverment dont go belly up

[Bad Boy Bad Boy]

Way to go Jayne. like in your case, you weighed the issue out, to fit your best possible needs. One always has to do this.

[jayne]

I was afraid we would blow it and not have a damn thing to show for all the hell.....yes we could have put it in the bank but why get paid 5% interest on a savings account and pay 18% on a loan....didnt make sense to me....

[maw19531]

Bad Boy Bad Boy Wrote:I always apply the issue about getting rich, in case others come along and read the post. I didn't mean it or direct to you, but for new comers that come to the board.

I would say, your Attorney has a better way of settlement in mind, and it will be better for you also. But this is the first time I heard anything about 200 weeks being used here in Illinois.

The 200 weeks came from the 40% man as a whole. 40% x the 500 weeks they allow in Illinois for man as a whole.

[Bad Boy Bad Boy]

Maw, I could understand a Rating being 200 weeks. But your Post was on Wage Differential, which in most cases is for life till one retires or dies. This is why it's worth going that way, instead of the rating way.

[maw19531]

Bad Boy Bad Boy Wrote:Maw, I could understand a Rating being 200 weeks. But your Post was on Wage Differential, which in most cases is for life till one retires or dies. This is why it's worth going that way, instead of the rating way.

I want to go with the wage differential way if it's going to be up to me. The Insurance company's first offer came in at 40% disability and my attorney told their attorney that we are looking at a wage differential case. This friday my attorney will call the IC's attorney to see if they can come up with some kind of agreement or else set a date for a hearing. I already had a 19b hearing 2 years ago to get my surgery approved so my case comes up every 2 months now on the calander. I won 100% with the arbritrator the first time when I had to testify and he ordered the IC to pay for my surgery imediately.