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  1. #1
    Join Date
    Feb 2012
    Posts
    17

    Default Percentage of Loss Due to Injury

    Who determines how much loss of a body part. Is it your Doctor or the IME Doctor or just a set standard in Illinois. Just say for a shoulder injury who determines how much loss of the shoulder you have incurred as the result of your injury.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Percentage of Loss Due to Injury

    the comp court has the final say. they rely on medical evidence from all opinions that are submitted.

  3. #3
    Join Date
    Mar 2013
    Posts
    1

    Default Re: Percentage of Loss Due to Injury

    why dont we have a non adversarial system ,that is balanced between employers and injured employees.....the very fact that pain and suffering is not considered in a permenant injury suit is beyond insane

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Percentage of Loss Due to Injury

    they tried running work injuries thru the regular civil court system -it was a catastrophe.
    a separate system based on "no fault" was so much better that every state soon switched.
    you should get some background information if you want to offer realistic reform ideas.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Percentage of Loss Due to Injury

    Quote Quoting deman View Post
    why dont we have a non adversarial system ,that is balanced between employers and injured employees.....the very fact that pain and suffering is not considered in a permenant injury suit is beyond insane
    It you take work injury to tort/civil court, you'd have trial by jury. At the end of the day, there wouldn't be any employers left, they'd all be bankrupt paying awards.

    Without the WC system, such as it is, you would have to prove fault...you would not have TTD, medical, or any PD indemnity benefits until you got to court. Attys would demand retainer fees up front. There would be no guarantee you would win with a jury, no cash in hand at the end of the case, but you would still owe the atty fees.

    The PPD indemnity you receive based on impairment/PD rating is basically money for "pain and suffering"...it has just been predetermined by your elected state representatives.

    If you have a suggestion on how the system can be made more equitable for all parties... I'd like to hear it. No one has come up with a "fair" system yet.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Percentage of Loss Due to Injury

    here is a very general 2 page "history" of US workers' Compensation (along with other significant information):
    http://www.nasi.org/sites/default/fi..._Comp_2010.pdf
    Last edited by .SH; 03-15-2013 at 12:09 PM.

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,077

    Default Re: Percentage of Loss Due to Injury

    Taking a work injury to civil court would actually be a losing proposition for most injured workers. The worker would have to prove that he was injured due to negligence by the employer in order to recover. Most workers' comp injuries are not due to the negligence of the employer.

    We will never have a "fair" system so long as insurance carriers and big businesses are allowed to lobby legislators, and for so long as working people elect pro-business conservative politicans to represent them in state legislatures.
    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

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