Question

How much is my Illinois workers’ compensation case worth?

Anthony Ivone

Answered by:
Anthony Ivone

Located in Berwyn, IL
Costa Ivone, LLC

View Profile

Answer

When a worker is hurt on the job and unable to work, he or she is entitled to payment to cover all medical bills fully as well as temporary total disability (TTD), which is equal to two-thirds of an employee’s average weekly wage. 

Workers who are permanently injured yet able to return to work qualify for a lump-sum payment known as permanent partial disability (PPD). This lump-sum payment is typically what is being referred to when one asks, “How much is my workers’ compensation case is worth?” The amount of PPD an employee recovers is based on the permanent effects of the injuries. 

An injured worker must reach a state of permanency in order to determine what amount of workers’ compensation they will receive. 

Understanding Permanency 

Permanency means that a doctor has determined you have plateaued in terms of recovery. You may receive additional treatment, but you have reached what is known as maximum medical improvement (MMI). In some instances, a person who has reached MMI can do everything they did before; in other instances, they may not have the same physical or mental ability they had before the injury. 

State lawmakers control the amount of PPD awarded in workers’ comp cases, primarily by assigning a value (in terms of weeks) for each body part injured. Using the employee’s average weekly wage, an employee’s PPD rate is calculated by measuring the percentage loss of a body part, multiplying that percentage by the total number of weeks the body part is worth, and multiplying that by your PPD rate, which currently is 60 percent of your average weekly wage. 

If It’s Based on a Formula, Do I Need a Lawyer? 

While it’s true that the PPD rate and the body part valuation are set by law, there remain variables that affect the value of your case, particularly in cases involving serious injuries, cases when workers are unable to return to their prior job, or those times when a worker cannot return to work at all. 

Without a lawyer advocating for you, you are at the mercy of your employer’s insurance company to set your level of permanency. They will do all they can to minimize the amount that is paid out. A knowledgeable workers’ compensation lawyer understands how to gather all of the necessary evidence and present it in a manner that will maximize your benefit. 

If a fair agreement cannot be reached through negotiation, a lawyer will help you prepare you for a workers’ compensation hearing in front of an arbitrator and represent you at that hearing.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers About Workers' Compensation

Workers' Compensation

How Do I Get Treatment After A California Work Injury When Medical Requests Are Denied?

Medical request denial after a work accident can leave you feeling hopeless and desperate. When it seems obvious that workers’ compensation …

Answered by: Keith Philip More

Workers' Compensation

I’ve been injured at work in New York. Can I sue my employer?

In New York, the workers’ compensation system serves an alternative to a lawsuit against your employer. It may be possible to sue an employer …

Answered by: David Klein

Workers' Compensation

What types of benefits are available for workers’ compensation in California?

Under California’s workers’ compensation system, workers are eligible for several types of benefits for a work-related injury or illness. …

Answered by: Marcelo A. Dieguez

Disclaimer:

If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 0.49732303619385 sec