In Illinois, an Employer may receive a credit for a prior Work Comp injury you settled on.
This does not apply to back or neck cases.
However, it applies to all other body parts such as arms, hands, legs and feet.
For example, if you settled an old case for 10 percent of the arm and you injured your arm again your employer can claim a credit against your new Workers’ Compensation claim.
You must prove your new injury has damaged your arm beyond the 10 percent of the old settlement.
It works this way: new injury is 25 percent of the arm minus the old 10 percent so you get 15 percent.
You see that you need to argue that the new injury has caused permanent partial disability as high as possible to offset the credit.
Questions about Workmans Compensation settlements and cases? Feel free to call Illinois Work Comp Lawyer Dirk May at 309-827-4371.