Illinois Worker's Compensation - Help For Injured Illinois Workers

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  1. #1
    Join Date
    Feb 2012
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    7

    Default Tennis Elbow and Worker's Comp

    Let me start by giving a little back story. I hurt my elbow about 18 months ago at work. Turned out to be tennis elbow. 2 cort shots some physical therpy and 13months later i get surgery. Doctor says i can go back to work full time on march 6. I have no lawyer will not get one it think. work comp has been great pay me on time have not had to fight for any benifits. i just was wondering if my injury is worth a settlement. I cannot straighten my arm completely and have lost some of my grip. I have looked at the work comp charts and see a arm is worth 253 weeks. How can i figure what % of those weeks my elbow is worth? Do the doctors just guess?

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,048

    Default Re: Just a Little Info

    Generally speaking, the doctor will probably assign an "impairment rating" to your arm on your last visit to him, when he releases you from treatment. That rating will then translate into a certain amount of money based on the rating percentage of the 253 weeks and your weekly compensation rate.

    I don't practice law in Illinois but that is generally how it should work in most states. To be certain you need to get a free consultation with a local work comp lawyer. Do not rely on the insurance adjuster to give you the correct information.
    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

  3. #3
    Join Date
    May 2010
    Posts
    412

    Default Re: Just a Little Info

    Illinios doesn't use rating it is done on similar cases and court rulings, without an attorney to tell you what that might be you will have to continue to trust the Insurance company to be great to you! Hope that works out, they all seem to have a wonderful track record of playing fair with injured workers, I am sure you are being advised to the maxium on your benefits by the IC paying you. There is no reason for thinking they might attempt to lowball you on a settlement. However advice from an evil-doer attorney is free, and though they are scum and just out to steal your diasability checks they do know what other claims like yours are worth, and how to insure your future medical issues are addressed. I guess the decision is your's- free professional advice, or trusting a company that makes it's living by maximizing profits and paying out as little as they can. By the way, their is no garantee of a settlement in WC, any settlement would be for you releasing the IC from any future benefits, as they have been wonderful to you, it would appear you have received all the benefits you are entitled too. I am sure they have told you all about this. If your doctor has not giving you any restrictions to return to work, then you are done, and with an elbow that won't bend. Hmmm, might need an attorney to ensure that is addressed. By the way, if you had an attorney, you still would of paid him nothing, they only receive payment for benefits that are obtained by them, since none have been denied, you would be out nothing.
    Last edited by ladyvol; 02-20-2012 at 04:27 PM.

  4. #4
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Just a Little Info

    Quote Quoting cretedriver View Post
    Let me start by giving a little back story. I hurt my elbow about 18 months ago at work. Turned out to be tennis elbow. 2 cort shots some physical therpy and 13months later i get surgery. Doctor says i can go back to work full time on march 6. I have no lawyer will not get one it think. work comp has been great pay me on time have not had to fight for any benifits. i just was wondering if my injury is worth a settlement. I cannot straighten my arm completely and have lost some of my grip. I have looked at the work comp charts and see a arm is worth 253 weeks. How can i figure what % of those weeks my elbow is worth? Do the doctors just guess?
    Here's the deal. In Illinois Dr's usually don't give any rating for the % of loss for the injury they are treating. Without an attorney you will have no way of knowing what your % of loss is. The IC will most cetainly offer you the lowest settlement that an arbitrator will aprove (they know what they can get away with) and you won't have any idea what your % of loss actually should be. There is no *just guessing* involved in figuring % of loss. Attorneys have the prior case law that tells them what it is and therefore the value of your case. With surgery, loss of range of motion and grip your case may have a decent value, depending on your TTD amount. However without the aid of a good WC attorney you may never know what it is really valued at. You have to either bite the bullet and hire an attoreny or just wing it and take what the IC offers. PM me if I can be of any additional help.

    beachgirl

  5. #5
    Join Date
    Feb 2012
    Posts
    7

    Default Re: Just a Little Info

    @ladyvol you can keep you condescending post to your self. i asked s simple question. In no way did i imply lawyers are scum.

    @ Beachgirl thank you for you post. I see my doctor on the 6th of march i will ask him about a rating and what not. A lawyer may be in my future i dont know. I have just heard the horror story about my company when employees get lawyers. Those employees are all the sudden the wicked step childern who do all the crap work. I do understand the law that they cannot fire me over it but they can make my life miserable. Not to mention iam next in line to be a plant manager which would be a substantial pay raise. I just dont want to burn bridges if i dont have too. And i am drawing 630 dollars a week in work comp benefits so a settlment of even 5% of my arm would be a good amount of money.

  6. #6
    Join Date
    May 2010
    Posts
    412

    Default Re: Just a Little Info

    Sir, you most certainly did infer that lawyers where (are) of no value to you. I was being sarcastic, because you are asking for legal advise, and as anyone on this site should be telling you, you should only accept legal advise from a Lawyer who practices WC Law. I didn't say you need to hire a lawyer, I said you should seek free advice, big difference. I defend WC lawyers because they fight for the IW and the IW rights, and for laws protecting our rights! There are quite a few on this site that spend their free time offering up their knowledge, and they deserve to be defended and praised.
    Last edited by ladyvol; 02-21-2012 at 01:13 AM.

  7. #7
    Join Date
    Feb 2012
    Posts
    7

    Default Re: Just a Little Info

    You really inferred that i thought lawyers were scum by the one sentence that had the word lawyer in it. Apparently your a little too defensive. So what is the point of the forums if i can only ask question to lawyer. I thought this site was about information. Apparently i am wrong is a place for lawyers to prey on injured workers. Now after looking at all your posts 90% of the them are just saying get a lawyer with no real advice so a person can choose for themselves.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Just a Little Info

    @ladyvol you can keep you condescending post to your self. i asked s simple question. In no way did i imply lawyers are scum.
    How can i figure what % of those weeks my elbow is worth? Do the doctors just guess? How do you get simple out of that...
    I have no lawyer will not get one it think. There is no "legal advice" here... you came here and posted looking for free advice, on something you know little to knowthing about. No need to go off on another responder because you dislike that "free" info.

    Go talk to a competant WC attorney...there you will get the FREE LEGAL ADVICE you are looking for.

  9. #9
    Join Date
    Feb 2012
    Posts
    7

    Default Re: Just a Little Info

    I asked for no legal advice. I just wanted to know if doctors use a formula to determine % of loss. You know an A+B+C=% kind of thing. If you can get i asked for legal advice from that whatever. And you would not be offended if that was posted to you. Sarcasm does not work in text.

    They have a word for people who type crap like that in forums. Its TROLL.

    In Internet slang, a troll is someone who posts inflammatory,[2] extraneous, or off-topic messages in an online community, such as an online discussion forum, chat room, or blog, with the primary intent of provoking readers into an emotional response[3] or of otherwise disrupting normal on-topic discussion.

  10. #10
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Just a Little Info

    Quote Quoting cretedriver View Post
    I asked for no legal advice. I just wanted to know if doctors use a formula to determine % of loss. You know an A+B+C=% kind of thing. If you can get i asked for legal advice from that whatever. And you would not be offended if that was posted to you. Sarcasm does not work in text.

    They have a word for people who type crap like that in forums. Its TROLL.

    In Internet slang, a troll is someone who posts inflammatory,[2] extraneous, or off-topic messages in an online community, such as an online discussion forum, chat room, or blog, with the primary intent of provoking readers into an emotional response[3] or of otherwise disrupting normal on-topic discussion.
    In Illinois finding out the formula used by *attorneys* (not Drs) is pretty much not going to happen. IMHO it is one of the best kept secrets because it is one of the things that the IW *really* needs to hire an attorney for. I can tell you when it comes to any part of the arm one of the factors is if your injured arm is your predominant arm.

    I'll take a shot in the dark and tell you based on your TTD and the limited info you provided on your injury that I would think your % of loss would be somwhere between 25% and 35%. Giving your case a value $39847-$55755. That's all fine and well but trying to get that value from the IC on your own is pretty much a pipe dream. They will offer you the lowest amount they know the arbitrators will aprove and because you have no basis for your feelings (IOW no case law to show what your case is worth) you'll never get them to go for it.

    I understand your delemia and not wanting to tick your employer off by hiring an attorney. If you feel a big promotion is in your future and won't be affected by your injury but would by having an attorney, then maybe you should just take what they offer you. Unfortunately you can't have it both ways.

    BTW no one that has responded to you in this thread is a *troll*. In fact some of us have settled our cases long ago but still come here to try and help others.

    beachgirl

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