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Settlement Questions ? I live in Illinois - Printable Version

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Settlement Questions ? I live in Illinois - Bets - 06-21-2019

Can anyone explain to me how what a settlement is based on? The insurance company is trying to settle my case but they only want to pay me for 137.5 weeks of my wages. Don’t they have to compensate for your injuries too? My doctor has put me at MMI and a Medicare trust will be set up for future medical costs. My disk in my lower back is gone due to my accident, I have pain 24/7 in my low back running down my left leg with numbness and tingling in both feet. I have a list of work restrictions from my doctor, the IME doctor I have been to twice now agrees with everything my orthopedic doctor says which I was told was unheard of. I have the option to have infusion surgery but my doctor can’t guarantee with my age that it will work and there is more risks due to my age as well. I have decided to wait on surgery and to have my medical left open. So the insurance company wants to settle but they aren’t offering much except for 137.5 weeks of wages. They stopped my work comp checks in December of 2018 because they said I was on Wellbutrin and nicotine patches to stop smoking which my medical doctor put me on. Don’t they have to compensate you for your injuries??
Thanks Bets

RE: Settlement Questions ? I live in Illinois - 1171 - 06-21-2019

a "settlement" is based on the present value of what the employer/carrier estimates they might have to pay on your claim in the future.
In Illinois, workers may choose between wage-loss benefits and benefits based on an impairment rating, which includes consideration of age, skill, occupation, and other factors. There is a schedule for some body parts.
since you are unsure as to how these factors affect your future compensation you will likely benefit from legal representation.
For information on the impairment rating and permanent partial disability benefits see section 9 of the handbook:

RE: Settlement Questions ? I live in Illinois - Bets - 06-22-2019

Thanks for the info. I ask my attorney what my impairment rating was and this is what I got from him. Disability ratings are determined by looking at what someone else bases/awards settlements are kept for years. Lawyers who practice regularly in Workers Comp also know the value of a case. My case is whole body but my attorney is saying they only want to pay 137.5 weeks of wage loss. My problem is I didn’t make a lot per hour so they are only offering a low settlement. I’m 59 years old and have just applied for SSD. I think I would receive a more fair settlement if it was based on my injury, it doesn’t seem fair to only base it on wage loss not everyone makes $ 20.00 an hour. My attorney is also saying if it went to trial it would affect my SSD and would not be favorable. I would think they should pay a certain $ amount for my serious injuries. I’m confused and my attorney doesn’t answer my questions.

RE: Settlement Questions ? I live in Illinois - Bets - 06-22-2019

I have so many work restrictions and my employer didn’t have any light duty so they let me go as they call it I call it being fired. As I stated in a previous post the insurance company stopped my work comp checks as of 12/08/18 because I quit smoking but my medical doctor put me on Wellbutrin and nicotine patches and they said by using the nicotine patches I wasn’t doing anything to get better. The first attorney I had did nothing about any of this and this new one isn’t doing much either, I think this attorney just wants to settled my case. How injured workers are treated just amazes me!

RE: Settlement Questions ? I live in Illinois - Bets - 06-22-2019

What I’m asking is WC settlement based on wages or injury??

RE: Settlement Questions ? I live in Illinois - 1171 - 06-23-2019

Your choice.

RE: Settlement Questions ? I live in Illinois - Bets - 06-23-2019

Well 1171, why would my lawyer not tell me this, he’s makes it sound like the only option I have is wage based and like I said my wage per hour isn’t that much? I’m going to call my orthopedic doctor tomorrow to see what my impairment rating is I would imagine if he put me at MMI he did one but who knows! I can’t seem to get any answers from my lawyer. My lawyer keeps telling me if we have to go to trial it will effect my SSD claim but my claim has just been filed and what I have read says that could take up to 2 yrs to get approved. He says if I take an award he can write on paper that payments will be over a long time period so SSD won’t be affected. I do not trust my lawyer he is having to split the fees with my 1st attorney and seems in a hurry to settle my case. I’ve been observing my attorney and the opposing attorney they seem like they are out for their interest not mine, I expect that from the opposing attorney but not my own. To me lawyers seem shady, their actions are questionable. The whole work comp experience is so messed up, I feel sorry for the injured worker who has do go through all of this crap. Prayers to all of you who are going through what I am. You never know when and if your check is coming, your attorney doesn’t answer your phone calls unless they have something good to tell you. The insurance will try to starve you out, ruin your good credit make you loose everything. They want you to give up. Sad but all true.