In Illinois, in almost all cases you have to undergo a job search to prove you are entitled to a wage differential settlement.
A wage differential means that your work injury results in permanent restrictions that will prevent you from performing your old job.
If you made $21 per hour in your old job and have to take a new job that pays $14 per hour, then you are entitled to 66% of the $7 per hour wage difference.
The only way to prove the value of the wage differential is to find a job that fits your restrictions.
You can find the job on your own or with the assistance of a vocational consultant. Some insurance companies will agree to pay for a person to help you put a resume together and provide you with interview tips and job search ideas. You must ask the insurance company to help you with the job search. If the insurance company agrees to do this it will pay you while you search for the job. You can also force the insurance company to provide you with job search assistance.
Sometimes a insurance company will complain if the job you find is too low paying. It will argue that you have the ability to find a higher paying job based on your restrictions and abilities.
The important thing is to make sure that the Work Comp insurance company provides you with help and pays you while you search for the job.
A wage difference case may add great value to your Workers’ Compensation settlement because it takes into account your earning loss over many years.
Questions about your work injury. Feel free to contact Illinois Work Comp Attorney Dirk May at309-827-4371.