Illinois Worker's Compensation - Help For Injured Illinois Workers

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  1. #1
    Join Date
    May 2010
    Posts
    401

    Default Case History and Settlements

    Illinois cases are settled on case history, but it is so impossible to find any information on settlements. I never hear anyone on here discussing the figures of their settlement, and I understand privacy, but is it a matter of settlements being confidentially signed? I am now in the settlement phase of my case, and wish there was a place to see, or read about other settlements, any help out there? I have a wonderful attorney, but even she doesn't like discussing figures.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Settlements

    yup; it helps keep attys with a steady stream of clients.

  3. #3
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Settlements

    Quote Quoting ladyvol View Post
    Illinois cases are settled on case history, but it is so impossible to find any information on settlements. I never hear anyone on here discussing the figures of their settlement, and I understand privacy, but is it a matter of settlements being confidentially signed? I am now in the settlement phase of my case, and wish there was a place to see, or read about other settlements, any help out there? I have a wonderful attorney, but even she doesn't like discussing figures.
    There was no confidentally form signed by me or any other IW that I know in Illinois. It's just a mattter of privacy that people don't talk about how much their settlement was that and settllments are based in part on how much you earn so no two will be the same. The % of loss is the one thing that people can and will talk about. Let your attorney do their job. Hopefully she is good at what she does and gets you the best possible.

    beachgirl

  4. #4
    Join Date
    Jan 2008
    Posts
    6

    Default Re: Settlements

    beachgirl, the best I can remember how they figure you dollar amount is something like this......Any corrections will not be cause to flame the corrector...Anyways, here gos....you get ttd of 66% of your last 12 months including overtime if it is nessesary to complete the JOB. I got 10 hrs a week overtime, but it is only counted as straight time...this is normal...i think...then they devide your 66% by 66% which leaves you with 44%. They take that figure and muliply it by the number of week they decide you are less a person.....Total loss starts out at 500 weeks. So if they decided that you are 8% less a person, you will get 40 weeks of pay at the 44% figure. Example; $100 a week means you will get $66 aweek in ttd. After they devide that by another 66%, that figure is $44 for a week. Take that $44 and multply it by 40 weeks and the figure you come up with is $1760.00. hope this helps...Indy74

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Settlements

    Posters don't divulge the dollar amount they settle for, for a number of reasons... one, "how could you accept so little?"...
    Settlements are seldom acceptable to either party... one thinks they receiving too little the other thinks they paid too much.
    C&R is just that... you "compromise" on the outstanding issues, accept a cash settlemetn, and "release" the defense from further claim to this injury, without them accepting liability in the first place.

  6. #6
    Join Date
    Mar 2012
    Posts
    5

    Default Re: Settlements

    BvIA...my case went to trial in front of an arbitrator. I won. They appealed it, and i won that too. All that being said, does it increase the settlement amount because i went to trial? Technically, my employer was found guilty, correct?
    Quote Quoting BvIA View Post
    Posters don't divulge the dollar amount they settle for, for a number of reasons... one, "how could you accept so little?"...
    Settlements are seldom acceptable to either party... one thinks they receiving too little the other thinks they paid too much.
    C&R is just that... you "compromise" on the outstanding issues, accept a cash settlemetn, and "release" the defense from further claim to this injury, without them accepting liability in the first place.

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,956

    Default Re: Settlements

    Your employer would have been found "liable" but not "guilty." Your former Governor was found "guilty." That is a criminal court term. Settlements in work comp are based on many factors and assumptions about what might happen in the future. Your lawyer is unwilling to discuss numbers with you in detail because the outcome of a settlement negotiation is hard to predict, and your lawyer does not want to tell you something that turns out to be too good in light of what really happens. And it is possible that your lawyer has not analyzed the settlment numbers yet--I usually do not do that until the night before a morning mediated settlement conference, or the morning of one that is held in the afternoon. Why? Because it is too hard to retain in my mind all the little details about the case for longer than about 24 hours. And it is not efficient to write down all the details. That is the way I usually work, and your lawyer may be like that too.

    I don't know about Illinois, but a lot of cases are settled here in NC with a confidentiality agreement on the side. But most folks understandably don't want to discuss this kind of private business with strangers.
    Last edited by complwyr; 03-12-2012 at 08:08 PM.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  8. #8
    Join Date
    Mar 2012
    Posts
    5

    Default Re: Settlements

    Thanks for the insight Mr. Bollinger. Confidentiality is important to me, so i suppose i should zip it and respect everyone else for the same level of privacy. It's nice to hear from an actual attorney. It's easy for me to get carried away on this forum with people that speculate. At any rate, i consider myself blessed that i had my day in court. I always said as my case was carried on 3 1/2 years, that all i wanted was a fair shake, win or lose. There were many sleepless nights for me and my wife through all of this mess. Thank you for all that you do on this site sir. Many people are in need of your knowledge, myself included. Good day sir.
    Quote Quoting complwyr View Post
    Your employer would have been found "liable" but not "guilty." Your former Governor was found "guilty." That is a criminal court term. Settlements in work comp are based on many factors and assumptions about what might happen in the future. Your lawyer is unwilling to discuss numbers with you in detail because the outcome of a settlement negotiation is hard to predict, and your lawyer does not want to tell you something that turns out to be too good in light of what really happens. And it is possible that your lawyer has not analyzed the settlment numbers yet--I usually do not do that until the night before a morning mediated settlement conference, or the morning of one that is held in the afternoon. Why? Because it is too hard to retain in my mind all the little details about the case for longer than about 24 hours. And it is not efficient to write down all the details. That is the way I usually work, and your lawyer may be like that too.

    I don't know about Illinois, but a lot of cases are settled here in NC with a confidentiality agreement on the side. But most folks understandably don't want to discuss this kind of private business with strangers.

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