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Thread: Going to Trial

  1. #1
    Join Date
    Aug 2012
    Posts
    105

    Default Going to Trial

    After talking to my attorney the other day, I got the impression that we are going to request a trial at my first hearing in March. My treatment is complete, restrictions have been set and we have the narrative from my Dr. In two weeks I will find out if my employer will accomodate my restrictions, which they haven't since November. I am thinking they have just been keeping it cheap and paying me short term disability instead of my full wage. I also dont think they will let me go as it will cost them big time in wage differential in any settlement. I am only 27 so any wage differential would be fairly substantial. More than any amount of money I would like a college education, which I know is very hard to get, but my age and my restrictions as a result of this are not conducive to gainful employment without some sort of new career path. This is the only trade and skill set I have had since high school and have been advised by my Dr to not return to my former employment. If I could build a new career path through my current employer that would be great. The pay and benefits are phenomenal. I just don't want to be kept on for the duration of the case to save them money and then fired for some dumb reason when its over, unless its part of the settlement. If anyone has any thoughts or comments, please share.

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

    Default Re: Going to Trial

    You are not paid your full salary while on disability leave. TTD is generally appx 66% tax free.
    There is no reason your ER should be responsible for providing you with a college education. You may be eligible for vocational rehab if offered in IL. Certainly not a full 4 year scholarship/college education.

    Your atty is your best source of information in your claim negotiations. There may be other benefits available ...ie wage differential until you find another job, still not full wage replacement.

    Best to get a real understanding of what WC actually offers before accepting any settlement.

  3. #3
    Join Date
    Aug 2012
    Posts
    105

    Default Re: Going to Trial

    I am not collecting TTD, thats why I said short term disability. 60% of my base and its taxed. I do have an understanding of what it offers and I will now pass my knowledge on to you so you don't sound uneducated when you give advice on here.
    Wage differential is paid until the age of 67.

    CHAPTER 9
    Permanent Partial Disability (PPD) Benefits
    1. What is permanent partial disability (PPD)?
    PPD is:
    a) The complete or partial loss of a part of the body; or
    b) The complete or partial loss of use of a part of the body; or
    c) The partial loss of use of the body as a whole.
    “Loss of use” is not specifically defined in the law, but it generally
    means the employee is unable to do things he or she was able to do
    before the injury.
    The Commission cannot make a PPD determination until the worker
    has reached maximum medical improvement. PPD is paid only if
    the job-related injury results in some permanent physical loss.
    2. What types of PPD benefits are there?
    There are four types of PPD benefits:
    a. Wage differential (Section 8(d)1 of WC Act)
    If, due to the injury, the employee obtains a new job that pays
    less than the pre-injury job(s), he or she may be entitled to
    receive a wage differential. The wage differential is two-thirds
    (66 2/3%) of the difference between the amount the worker earns
    in the new job and the amount he or she would be earning in the
    old job(s).
    For injuries that occur before September 1, 2011, benefits shall
    be paid for the duration of the disability. For injuries that occur
    on or after September 1, 2011, benefits shall be paid for five
    years after the date of the award or until the employee reaches
    age 67, whichever is later.
    An employee may be compensated for either the loss of wages or
    the permanent disability related to the same injury, but not both.

    Also, college can be had through an award or settlement.

    CHAPTER 8
    Vocational Rehabilitation/Maintenance Benefits
    1. What is vocational rehabilitation?
    Vocational rehabilitation includes but is not limited to counseling for
    job searches, supervising a job search program, and vocational
    retraining, [B]including education at an accredited learning institution.

    If you need some more info on Illinois WC laws, don't be afraid to ask me.
    Last edited by eric448503; 01-01-2013 at 05:08 PM.

  4. #4
    Join Date
    Nov 2012
    Posts
    45

    Default Re: Going to Trial

    I would think "Voc Rehab" would be interested in getting you a job as close to your wages when you were injured. You will need to be proactive in your case to get an education vs a BS job. Bring a plan to your counselor outlining your goal for returning to work. I would send a copy to your lawyer and use certified mail to your counselor. At each meeting with your counselor i would be asking about your plan and follow up with an email to keep a record of you asking to be educated. It won't be easy but at your age you must keep in mind your future. Why are you on disability it seems to me your should be on TTD? Good Luck
    Last edited by SkyHigh; 01-01-2013 at 05:25 PM.

  5. #5
    Join Date
    Aug 2012
    Posts
    105

    Default Re: Going to Trial

    I went off work on disability before my Dr deemed it work related. My attorney told me to stay on it while he built the case and submitted it to the insurance company. They are fighting the claim and the company never removed me from disability. The disability will get paid back out of any settlement monies.

  6. #6
    Join Date
    Nov 2012
    Posts
    45

    Default Re: Going to Trial

    Most disability plans have a provision for "voc rehab" to return you back to work. In most WC settlements once you settle IC has nothing further to do with you. I would be careful with any settlement.

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,049

    Default Re: Going to Trial

    I am not familiar with the work comp disability rules in your state, but in NC under those facts you would be drawing TTD since your employer is unable or unwilling to accommodate your restrictions. Your being on STD or LTD seems inappropriate to me. Check with your lawyer on this. If you should be drawing TTD, then you have to get that started so that you don't end up repaying LTD out of your settlement. And I would caution you against expecting to get much usefulness out of the voc rehab process. If the carrier is providing it, it is really about cutting off your checks, which they have apparently accomplished already. I don't recall ever seeing a comp carrier pay for more than a GED program. Good luck. Call your lawyer about this issue of missing TTD and find out what is going on.
    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
    Aug 2012
    Posts
    105

    Default Re: Going to Trial

    It is ok to collect disability where TTD should be paid when the IC is fighting the claim because the STD was started before the claim was filed with the commission. The STD will be paid back through any settlement monies. Believe me, I want the TTD, it is an extra $1000 a month and I have been on it for 6 months. Well I have much more than a GED as I am most of the way to an associates degree. I haven't collected 1 cent from TTD. I have one of the best WC attorneys in the state. He was the President of the WCLA in Illinois last year and still sits on the board of directors. Here is an instance where a college education was obtained by the firm I am using. http://www.horwitzlaw.com/results/st...attorneys_fees.
    Last edited by eric448503; 01-01-2013 at 07:53 PM.

  9. #9
    Join Date
    Mar 2010
    Location
    chicago
    Posts
    223

    Default Re: Going to Trial

    what i dont understand is that you went on disability thru work instead of TTD? what was the reasoning behind that move. maybe i missed something

  10. #10
    Join Date
    Aug 2012
    Posts
    105

    Default Re: Going to Trial

    Quote Quoting controlfitter View Post
    what i dont understand is that you went on disability thru work instead of TTD? what was the reasoning behind that move. maybe i missed something
    I went off on FMLA and STD before my Dr deemed it work related. I have a previously unknown pre exisiting condition that wasnt discovered until the day i got put off work and confirmed by MRI a week later. My previously unknown P.E.C was exacerbated by my current employment.

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