Illinois Worker's Compensation - Help For Injured Illinois Workers

• Illinois Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Illinois Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2009
    Posts
    97

    Default How Does Workers Comp Determine Your Weekly Wage

    ok how do they figure out your weekly wage?
    i am so confused? i thought they go by what you where making at time of injury? i was making $500 a week . but insurance company said no we made a mistake and over paid your ttd. as you did not make $13 hr for 52 weeks. ok here is what happend. i was making 9.50 an hour for 6 month,s then i jumpped to $13 and hour.. so now where ready to settle this whole thing next month. now they say he averaged10.50 and hour. and we owe him $2,500 in back ttd payments from aug 2008 till march 2010 after we took our over payment back.? now my settlement will be low as instead of $500 a week times 60% it drops down to after the 60% its like 249. instead of $300. i have a 25% to the leg left knee and 5% to the back.
    looks like i get around $12.500 after lawyer fees ect ect i think this is BS.

  2. #2
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Help

    Quote Quoting wolfwatcher View Post
    ok how do they figure out your weekly wage?
    i am so confused? i thought they go by what you where making at time of injury? i was making $500 a week . but insurance company said no we made a mistake and over paid your ttd. as you did not make $13 hr for 52 weeks. ok here is what happend. i was making 9.50 an hour for 6 month,s then i jumpped to $13 and hour.. so now where ready to settle this whole thing next month. now they say he averaged10.50 and hour. and we owe him $2,500 in back ttd payments from aug 2008 till march 2010 after we took our over payment back.? now my settlement will be low as instead of $500 a week times 60% it drops down to after the 60% its like 249. instead of $300. i have a 25% to the leg left knee and 5% to the back.
    looks like i get around $12.500 after lawyer fees ect ect i think this is BS.
    Your AWW *is* calculated using the the 52 weeks leading up to your injury, not based on your wage at the time of injury.

    Your AWW at 10.50 makes your TTD approx $279.97. 5% of the weeks for the back is 25 weeks and 25% of the weeks for the leg is 53.75 weeks. 78.25 weeks X 279.97= $21907.65. Deduct the $2500 you owe them for overpayment and that leaves $19407.65. The lawyer by law can only take 20%so that leaves you $15526.12. Now if your lawyer paid out of his pocket for expenses like depositions or other things then that comes out of the settlement as too. So if your lawyer put out a bit over $3000 then the $12,500 would be correct.

    I'm not sure just how much of a settlement you were expecting but the two variable things that most drive the settlement amount are your AWW and the % of loss. You can't do anything about your AWW but your lawyer sure can argue a higher % of loss during negociations. How were the %'s for your leg and back decided on? Was there a pre-trial or trial were the arbitrator stated these are %'s he or she would sign off on? Were they negociated between the two lawyers?

    Sorry you are dissappointed but WC injuries rarely compensate for what the IW feels they should.

    beachgirl

  3. #3
    Join Date
    Jan 2009
    Posts
    97

    Default Re: Help

    thanks beach girl. arbitrator didnt come up with the % the IC did. saying that 2 torn minisucs comes to that %? and 6 back injections that did work came up with that % for the back.
    i told my AA to just get this over with been over 2 years and they finaly starved me out. i am now on SSDI of 717.00 a month. and that makes it hard to cover bills. i went to a low income houseing apartment. lost my car. i did sell it and payed off the loan with a little over 600 for myself so my credit is still good. i just thought i wold be looking at around 20 grand for my self. doesnt look that way? but i guess for a little over 12 grand i can get a good used car. as you can see im not looking to get rich you never will.
    but after all the BS i been put through. over this period of time.
    i thought i could put up an offer of 20 grand for myself after AA fees?
    of course after i filed for workers comp they let me go? then went and adjusted the tttd payments after over paying for 17 month / gee sure took them long enough to say hey somethings wrong here? well good news is it will soon be over? just cant understand how a friend making same amount as I got 35 grand for same injury?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Help

    You are approved/receiving SSDI...?
    You will be Medicare eligible within 30 months of any settlement that changes/closes the medical in your claim.... as such, you must take steps to protect Medicare interests...that may include a WC MSA/Medicare Setaside Arrangement.
    The estimate of your future medical care needs should be calculated, a proposal of how much should be ''set aside'' to pay for services Medicare would normally pay for, and a proposal sent to CMS/Medicare for review and approval. You should NOT negotiate any settlement until Medicare has been addressed.

    If the WCMSA is more than the carrier wants to fund, they will not close the claim. You can't force a lump sum cash payment.

  5. #5
    Join Date
    Jan 2009
    Posts
    97

    Default Re: Help

    Bvia and beachgirl thanks so much.. bvia you are right we did not settle.
    IC has to pay back medicare and medicade for the operation.
    then we have to talk about future medical? after all the legal mubble stuff. where at a possible total knee in 5 years. how much dont know? IC says they are not responsible for a total knee. and will only pay what they think is fair??
    so i wont be getting the $12,500 ... no settlement till all the bills for the operation are in and what future cost might be..
    they the IC wants to get this off the books. my AA said he got the % to go up from 25% to 32% on the knee dont know how he did that? got the back up to 12% still dont know how. could be from the second opion from another doctor i went to?
    so its another wait and see before settlement? i did lose my car but like i said i sold it for enough to cover the loan. and today. my aunt gave up driving and gave me her car. a 2002 kia with 23,000 mile on it. so i guess im going to do allright till this is over. i fell sorry for others who are going through this workers comp stuff. i pray for you just hang in there.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Help

    There is virtually no way a carrier could determine the % of their liability for any surgery...knee or other. Medical care is not apportionable based on the liability of the ER for injury.

    Only the impairment would be apportionable to prior condition or injury. Once the claim is accepte, the ER/IC is liable for 100% of the medical cost, unless there is another party/carrier they opt to enjoin in the claim. That is between the IC's not IW.

    If you think there may be need for TKR in your future....you should NOT close the medical in this claim.
    The MSA proposal would include the cost of a TKR and it's not likely they will pay out that kind of money. There's no guarantee you will ever need or seek the TKR, nor that you'd live that long to see a new knee.

    The carrier is of course interested in a closed file, and a file that exposes them to the least amount of money... but they'd also take the bet on leaving the medical open for a few years, see just what you seek in treatment and come back later on with a low ball offer to buy out the remaining indemnity and medical.

Similar Threads

  1. Problem With Weekly Wage Loss Payments
    By Worriedone in forum Legal Issues
    Replies: 1
    Last Post: 11-07-2009, 06:39 AM
  2. Actual Weekly Wage, and Overtime
    By scrapper808 in forum California
    Replies: 10
    Last Post: 03-30-2009, 09:57 PM
  3. Weekly Wage
    By daveofgv in forum Missouri
    Replies: 1
    Last Post: 03-24-2009, 08:35 PM
  4. Average Weekly Wage
    By gregdabender in forum Employment
    Replies: 4
    Last Post: 11-10-2008, 05:00 AM
  5. Statewide Average Weekly Wage (SAWW)
    By douce2 in forum Massachusetts
    Replies: 3
    Last Post: 07-17-2008, 07:55 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer