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  1. #1
    Join Date
    May 2011
    Posts
    3

    Default Settlement on a Burn Case

    I work in a restaurant and I recently received a very bad injury. Basically the owner put in an unsecured, small deep fryer on top of a another piece of restaurant equipment. Because it wasn't secured in, it tipped over and covered my entire left arm, from my thumb to my shoulder, in 400 degree fryer oil. I was left with very bad 2nd and some 3rd degree burns. This happened a month ago. I have some loss of sensation on my thumb and have a weird pins and needles feeling that runs up and down my arm at times. I am still red from the burns and the Dr. expects my arm to stay that color because of the kind of burn I received. What is a fair settlement for this kind of case? Thank you.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Settlement on a Burn Case

    Once you complete treatment, are stable, or MMI/Max Med Improvement has been reached... there will be hearings on the claim, and how resolution will be reached.
    You should be consulting with an attorney on this one... there are no ''fair'' settlements in comp. You'll never think you got enough, the ER/IC will always think they paid too much. The settlement will be somewhere in the middle..if not somewhat toward their favor.
    You aren't compensated by how the injury occured, the type of injury, or amount of treatment provided.
    There is no pain/suffering, past/future wage loss, or punitive damages in WC.

    Chapter 5 here http://www.iwcc.il.gov/handbook.pdf is info on Claims and Settlements, as well as other benefits you may be eligible for.

  3. #3
    Join Date
    May 2011
    Posts
    3

    Default Re: Settlement on a Burn Case

    I don't really get how a claim settlement is decided.

  4. #4
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    312

    Default Re: Settlement on a Burn Case

    In Illinois they use Case Law Values instead of the AMA guidelines with are used in other States. THIS is why you need to consult with an Attorney... In Case Law, they look at prior Industrial Commission decisions for similar injuries to determine the value of cases. The Attorney can only charge you 20% and it will be in your best interest to have someone fighting on your side because the IC has plenty of attorneys fighting for them...

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