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Month: May 2021
Work Comp Settlement Part 8
This week we will look at the 8th factor in determining the value of your Illinois work injury settlement or award.
Illinois law provides that the age of the injured worker at the time of the injury is to be used as a material part of calculating the value of an award.
The Arbitrator will decide whether a younger worker who suffers from serious injuries and has a longer life to deal with ongoing pain will deserve a higher award or settlement.
The Arbitrator will decide whether an older worker who suffers from serious injuries will be in a worse situation because of advanced arthritis, pain or other conditions of aging.
Arguments can, and should, be made for enhanced value in both situations.
Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.
States with Highest Work Injury Rates
http://helpadvisor.com/social-security/serious-workplace-injuries-by-state
Click above to read.
OSHA compiles a list of work injury rates and type of injuries. North Dakota leads the way with lots of oil well pumpers and transportation jobs. Be safe. Work injury? Call us to discuss your case.
The Long Arm of the Law
Click above to read.
The law can reach across many miles. On the job injuries resulted in back wages and damages, including pain and suffering. In contrast, Illinois Workers’ Compensation law does not allow for pain and suffering. Yet you can get money damages for injuries at work in Illinois.
Work Comp Settlement Part 7
Back to our series on different factors that will effect your Illinois Workers’ Compensation Settlement.
One provision of the Illinois Workers’ Compensation Act allows for the parties to have the injured worker examined for the purpose of an American Medical Association impairment rating.
This factor was added to law approximately 10 years ago.
The impairment rating provides a percentage of permanent partial disability for the injured body part.
It has developed that employers almost exclusively use these exams and submit reports as part of its case.
At one time it was thought this would have a large impact on settlements.
However, Arbitrators rarely use the impairments as a major factor in their decisions.
Possibly this is because the doctors are so conservative in their ratings that they seem out of line with typical Arbitrator and Commission findings.
This is good news for injured workers.
Yet, if the insurance company orders an exam for an impairment rating the injured worker must attend.
You should see an Illinois Workers’ Compensation attorney right away if are ordered to an exam with the insurance company’s doctor.
Questions about your work injury case? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.