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  1. #1
    rightsaidfred Guest

    Default Average Rate for Hand Fractures in Illinois

    I was wondering if anyone had a formula or possibly a cash amount of average settlements for fractured hands with surgery

  2. #2 Guest


    In a nut shell, the value of a case is 60% of the gross Average Weekly Wage (AWW) times a % Loss Of Use (L.O.U.) of the part of the body. Having said that, in actuality, we, as attorneys, take many things into consideration that are not contained within the Workers' Compensation Act when determining the value of a case.
    Some of the things we consider are: Exactly where on the body was the injury? Maybe in your case, your injury qualifies not as fractured hand, but rather as a fractured wrist, which could make it an injury to the arm and in that case the matter would have greater value. Was it one fracture or multiple fractures? Whether the injured person is at a high or low rate. How much time was lost from work? If a hand /arm injury, was it the dominant hand/arm? What type of occupation the injured party in, manual work or office work? Was there surgery? And if so, was hardware, such as pins & plates inserted (& were they left in or removed in a subsequent surgery)? What kind of recovery did the injured employee make? If not a good recovery, less than 100% recovery, what are the residual problems and will further treatment later be needed (so perhaps a trial not a settlement would be better for the injured employee)? Is the case one that would be filled in a conservative or liberal jurisdiction? Is the employer insured or self insurance? Who is the claim company or third party administrator? Do we know the adjuster or claim supervisor & get along with them? Do we know the assigned attorney & get along with them? Are there any disputed issues as to compensability or facts of the loss. Were wages, & in turn the permanency rate, properly calculated or was the employee not paid enough for weekly benefits?
    As you can see, there are many intangible things that we, as attorneys, take into consideration when evaluating a case. My advise would be see an attorney, in your area, knowledgeable in workers' compensation and retain them to settle you case for you... Remember, a man who represents himself has a fool for a client. Even lawyers hire lawyers. Good Luck.

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