Illinois Workers’ Compensation, or what some call Workers Comp or Workmans compensation, is based on your average weekly wage for the 52 weeks before your injury. The award or settlement for permanent partial disability is determined according to a formula. Workers compensation law gives a certain number of weeks for different body parts. The average weekly wage times 60% times the number of weeks results in your settlement or award. For example, if you have a back surgery and you make $500 per week and you are offered 20% of a person (500 weeks is the most you can receive for a what is called person as a whole or a back injury) the formula would be 100 weeks x $500 x 60%= $30,000. The amount of weeks goes up based on whether you have a surgery, and the restrictions you may have as a result of the injury. You may be entitled to a wage differential if you cannot return to your former job and you have to work at a job that pays you less money.
There is no award of damages for pain and suffering in Illinois Workers Compensation and the amount of medical expenses does not directly influence the value of settlement.
Should you want to discuss your workmans comp settlement offer or the value of your case please call workers compensation Attorney Dirk May at 309-827-4371.