Bloomington Illinois Work Comp Lawyer

For the past 5 weeks we have been discussing how different parts of your work injury case will impact the value of your settlement.

This week we will look at the inability to return to the job you had immediately had before your work accident.

This must be directly related to your work injury and due to permanent restrictions.

For instance, if your former employer tells you that they no longer have a job for you because of reduction in force but you have no restrictions related to your injury then it is not considered a Workers’ Compensation loss of occupation.

However, if you have an injury with permanent restrictions that will prevent you from returning to work then it is a required job change for the purposes of Illinois Workers’ Compensation.

For example, if you are injured at work and you cannot stand for more than 2 hours of the work day and your former occupation required standing for most of the day then you will no longer be able to perform this type of work.

It is vital that your doctor put your permanent restrictions in writing.

Once you are unable to return to work at your former job the question becomes what type of work you are able to perform within your restrictions.

The value of your settlement increases substantially when you are unable to return to your former work.

Questions about your work injury and settlement? Feel free to contact Illinois Work Injury Lawyer Dirk May at 309-827-4371.

http://osha.gov/news/newsreleases/region4/05042021

Click above to read.

Management exposed workers at behavioral health center to attacks.

This was an OSHA violation and would also be a Workers’ Compensation violation.

Questions about your work injury case? Call us at 309-827-4371.

We have been spending the past 4 weeks looking at some of the factors that will influence the value of your Illinois Workers’ Compensation case.

The number and type of surgeries you have will make a difference in determining the value of your Work Injury case.

If you must have a second surgery to address failures or unresolved problems with the first surgery, then the value of your case increases.

For instance, a revision shoulder surgery to improve range of motion or address additional tears in the arm will make the case appear more serious to the Arbitrator.

The type of surgery is an important element of the case.

For instance, a discectomy of a herniation in the low back is not worth as much as a lumbar fusion involving several levels.

The rationale for these approaches is that a surgery is the most invasive medical procedure and changes the body permanently. Inserting hardware also means that it may remain in the body for many years or for a life time.

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May 309-827-4371.

The number of weeks you are out of work is a factor in determining the value of your Work Injury settlement.

There is not a direct correlation between time missed from work and value of your settlement.

However, time missed from work shows the severity of the injury and limitations you may have.

For instance, shoulder injuries with a surgery will keep you off work longer than a carpal tunnel surgery.

Shoulder injuries are worth more than a carpal tunnel injury.

If you are off work with limited objective evidence such as an xray or MRI showing a herniated disc or a fractured leg, then your settlement will suffer.

Questions about your Work Injury? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.