Settlements

Work injury amputations are obviously traumatic events.

Illinois treats amputations as a straight forward number of weeks for amputations of body parts at different levels of the joint. Such as the first knuckle of the finger, or at the wrist.

The real question in amputation cases is how the amputation affects your ability to function on the job.

For instance, are you still able to work your old job?

Are you able to work any job?

If you lose a finger, it may affect your ability to make a fist, grip, handle and finger items.

For certain types of jobs this will keep you from performing your old work.

If you lose a foot or part of leg this will put you in a sit down job.

If you lose a dominant hand, then you may no longer be able to work any job depending on your past work and any other limitations you may have.

These factors may turn your case into much more than a certain number of weeks for a finger or limb amputation.

Many Workers Compensation Insurance companies will want to limit your amputation recovery under the Illinois law, make sure you talk to an Illinois Workers’ Compensation lawyer before you settle your case.

Two recent cases from an Arbitrator are encouraging for injured workers.

One case involved a ruptured biceps, a serious arm injury.

The insurance company hired a doctor to write an AMA guideline opinion. The doctor came back with an assessment of 6 percent of the arm or 4 percent man as whole.

The injured worker was released without any restrictions.

He performed a labor intensive job: welding.

The Arbitrator awarded him 30 percent of the arm.

This is probably slightly under what he would have received under the old law.

The second case involved a fracture to the hand that resulted in some damage to the little finger.

The AMA guideline showed 1 percent of the hand.

The Arbitrator awarded the injured worker 10 percent of the hand.

This was another favorable decision for the injured worker.

These decisions are not final.

The insurance company will most likely appeal them.

This is the interesting part because if they are appealed, then the Commission will provide their interpretation of the case value.

At this point the outlook is guarded yet looking up.

Stay tuned for the Commission decision.

This involves all Workers’ Compensation cases.

We know that injuries starting in September 2011 will see decreased value.

However, we are seeing dropping awards for cases that are not impacted by the new law.

For instance, there was a recent Commission case that reduced the value of a full thickness labral tear, a partial rotator cuff tear and an impingement of the shoulder. This was a substantial injury.

The arbitrator awarded 32.5 percent of the shoulder.

The Commission reduced the value to 27.5 percent of the shoulder.

In the past this most likely would not have happened.

The Commission would have agree with Arbitrator and moved on.

The political climate is such that the Commissioners are sending a message to the politicians that they have heard the complaints and will be more conservative in the way they decide work comp cases.

The Commissioners are also sending a message to the Arbitrators to reduce the awards in these cases.

Now that Arbitrators serve limited terms at the pleasure of the Governor and the Senate they will also have to move according to the political winds.

Not very surprising that Workers’ Compensation cases will see a drop in value.

In Illinois, the amount of your settlement is based on 60 percent of your wage a year before your injury.

You can see that if you have a high wage, then you will get a larger settlement than a low wage earner for the same injury.

Even though Illinois has some of the highest Workers’ Compensation benefits the settlements are not outrageous.

For instance, most settlements are in the range of $5,000 to $30,000.

A settlement in the $80,000 and above range is considered large.

Illinois Workers’ Compensation cases are not like personal injury cases that can go into the $1 million and above range for serious injuries.

The other thing to remember is not to believe everything someone tells you.

The neighbor who received $300,000 for a carpal tunnel case is not telling the truth.

You are entitled to your medical bills, your time off pay, and your settlement.

The value of the settlement depends on the seriousness of your injury.

It also depends on your restrictions and whether you can continue working your old job.

The insurance company also wants to settle your case.

This can result in some extra money for you if keep this in mind.