Workers Comp Insurance is Not Paying Full Amount

[Worriedone]

Hello, I need some help.
I have been on comp for almost a year and have reached MMI and can't return to my previous job. The thing is I was making 30 dollars per hour and the IC is only paying me half of that every week. I had to switch lawyers because the 1st lawyer I signed with was giving me a hard time about getting my wage check. Now I signed with another lawyer because he said he would get my weekly checks fixed and I would get the proper amount. It's been over 3 months and he keeps saying he requested my wage information from the IC and they won't respond. Shouldn't he subpeona for this information?? Isn't there a way to go in front of a arbitrator and get this fixed?? I have asked him this ad he's says it would takes just as long or longer to go through a arbitrator to get this fixed. He then gets rude and says it will take a while and he's got a big trial coming up like I'm bothering him. when I signed with him he was oh so nice and promised he would have this fixed. Is there any way I could switch lawyers again??? I will be getting a Wage differential settlement but it's like pulling teeth getting straight answers from this attorney. What do you guys think?? Also does anyone know of a good workcomp lawyer around Chicago?

[BvIA]

The thing is I was making 30 dollars per hour and the IC is only paying me half of that every week.

Weekly wage loss/TTD benefits are paid based on your AWW/Average Weekly Wage, that may or may not calculate to coincide with your hourly rate. There are min/max rates to the amounts as well.
The rates are also adjusted yearly. Your rate is based on your DOI too... info on benefit rates is here...http://www.iwcc.il.gov/benefits.htm
You can also find info on this and other issues in the EE handbook...http://www.iwcc.il.gov/handbook020106.pdf

WC is a very small community, the parties involved know the others as they are meeting regularly in the hearings, and medications over disputed issues.
Changing attys can be done any time you find a new one to take yours over... just know the potential new atty will likely contact the current one to find out why you are making the change. Because things are not moving fast enough for you... probably isn't a good idea for a change at this time...again.

[Worriedone]

Quoting BvIA

Weekly wage loss/TTD benefits are paid based on your AWW/Average Weekly Wage, that may or may not calculate to coincide with your hourly rate. There are min/max rates to the amounts as well.
The rates are also adjusted yearly. Your rate is based on your DOI too... info on benefit rates is here...http://www.iwcc.il.gov/benefits.htm
You can also find info on this and other issues in the EE handbook...http://www.iwcc.il.gov/handbook020106.pdf

WC is a very small community, the parties involved know the others as they are meeting regularly in the hearings, and medications over disputed issues.
Changing attys can be done any time you find a new one to take yours over... just know the potential new atty will likely contact the current one to find out why you are making the change. Because things are not moving fast enough for you... probably isn't a good idea for a change at this time...again.

Thanks a lot you put my anxiety to ease a bit. I'm in northern Illinois and have already talked to 2 other lawyers today and they all wanted my case badly even after making a switch already. But I think I'm going to listen to you, things do take time in workmans comp and my attorney does say he's got the ball rolling on the wage check. I just think to myself that if I'm not getting paid right they should fix it right away. I only worked for this contractor ( I'm a union tradesman) for 4 months but we have a set hourly wage. If they say I didn't work with my employer/company long enough they should go by what another employee at my rate would make the whole year which is 30 per hour. Now I can't go back to construction and will only be able to make minimum wage if I can find a job. We are still waiting to hear back for Voc Rehab and Labor market survey because I have MAJOR restrictions and don't know what type of jobs I will be able to look for yet. They are only paying me half of what my net gross earnings were. I would gross 1200 a week and they only pay me half of that, when they should be paying me 2/3rds of that. Anyways I just won't ever settle until they fix my wage and I will wait and see if my attorney will do something else besides calling the IC hoping they send him my wage information they got from my employer. Thanks again, and if someone else has a opinion please share

[BvIA]

They are only paying me half of what my net gross earnings were. I would gross 1200 a week and they only pay me half of that, when they should be paying me 2/3rds of that.

Nooooo, you are paid 2/3's of your gross pay...not net. AWW gross, before taxes... then the TTD is tax free. You may be misunderstanding the rule on wage loss. And, I can see where you are seeing the amount being half of your net take home... not so.

[Worriedone]

Quoting BvIA

Nooooo, you are paid 2/3's of your gross pay...not net. AWW gross, before taxes... then the TTD is tax free. You may be misunderstanding the rule on wage loss. And, I can see where you are seeing the amount being half of your net take home... not so.

Ya I grossed every week 1200 dollars not to mention the overtime. Every single week my gross was 1200 or more. They are only paying me 600 which is half not 2/3rds. My lawyer just says he called them and left a message. He said there should be a resolution soon, which I would assume is a settlement. But as he said they will have to fix my weekly wages going back and at settlement time. The thing is I really need it done before settlement time so I won't be struggling so much when I know I should be getting 900 a week.
I might just fire my attorney because he doesn't seem to want to put the work in and subpeona my wage statements from employer and IC. Oh well thanks again.

[Snowman75]

If you got consistent O.T. every paycheck, that should also be counted also as part of your total gross, not just your straight hourly wage gross.