Workers Compensation Commission

A wage differential is the difference between the pay of the old job and the new job times 66 percent over your life time.

You must prove:

*your limitations are related to your work injury

*your restrictions are permanent

*your limitations restrict you to a lower paying job

Most of these cases center on the validity of the restrictions and whether they truly keep you from earning the same amount as before the work injury.

Some predictions in the near term in light of this uncertainty:

* Work Comp Insurance Companies will be tighter with their settlement offers. They think the law may become more favorable to them so they will hold onto their money.

* Arbitrators will be more conservative. They are under a microscope due to lots of media coverage, and politicians who love to pile on.

* Commissioners will be more conservative. See above. Plus they are appointed by the Governor and approved through the Illinois Senate. They are very sensitive to what is going on politically.

* There is going to be some type of change in the law. Politicians respond to controversy and the media. Plenty of both has happened in Work Comp this year. So there will be changes and maybe major changes.

Tip #1 It does not hurt to ask. You will not get what you do not ask for. The Insurance Company will make you an offer. Ask for more.

Tip#2 Ask for future medical coverage. All they will do is say no. You can come back with a set number for future medical.

Tip#3 Tell them you are willing to go to trial if you do not get what you want. The insurance company does not always want to go to trial. It costs them money to get a lawyer and increases their exposure.

Tip #4 It does not cost you any up front money to get a lawyer. All Workmans Comp fees are paid at the end of the case based on a percentage of the award. You can use this as leverage also. The Insurance Company has to pay their attorney by the hour.