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  1. #1
    Join Date
    Jan 2008

    Default Settlement Amount For Torn Labrum With Surgery

    I have been off work for a year to the week with a torn Labrum. In and out of physical therapy, now on Prozac for the depression, hundred plus appointments, a year out of my life, and crappy disabilty. I have two children and continue to struggle. Finally, i will be having surgery any day now and am ready to move on with my life. I have hired a lawyer to make sure I don't get stuck with any medical bills because I wasn't at work long enough to get medical benefits. All in all, what type of settlement should I expect to help compensate for a year of my life and wages gone ?

  2. #2
    Join Date
    Jan 2008
    Round Lake

    Default Re: Settlement Amount For Torn Labrum W/ Surgery

    Like you, I find the IL WC system challenging. I have been off work two years and awaiting a formal hearing in March. Settlements are based on the future and not the past. In IL there are three types of settlements depending on how you recover from the tear. In the event your surgery corrects the tear and after recovery and physical therapy, you are deemed to have no long term issues meaning your shoulder is as good as it was prior to the work related injury, you will not receive a settlement. You will get your weekly TTD benefits and your medical expenses are paid by your employer's insurance carrier until going back to work.

    A partial disability settlement is based on permanent partial disability - This means is after your recovery you can no longer use for example 25% of your shoulder then you can get an idea of your settlement from the IL Workmen's Compensation Handbook you should have received from the WC insurance carrier. These settlements are based on assigning a dollar value to you the affected part and paying X weeks.

    A permanent disability settlement- This would occur only after all medical intervention, you could no longer use your injured shoulder for the purposes of employment. To get an idea of an approximate settlement, take what you get weekly and use that figure for the rest of your life. In IL, the insurance commission has assigned 79.1 years as the average life expectancy of a male. Sounds good right, but that is what the total value of your case is worth to the IC. Not what you are going to get. In settlement issues, the IC will determine the present day value of the case using a percentage rate between 4% to 11% (based on their investments) and betting that you will not live to the life expectancy. This is where an attorney can really help out.

    The other settlement is a Wage Differential Settlement (referred to an 8.d.1 from the Workmen's Compensation Act) - This settlement comes after all medical intervention, you can not go back to the same job and perform the same function and have to take a lower paying job. Again requires an attorney.

    BTW I am not an attorney and have learned all of this as we (attorney and I) go through the laborious process of trying to get to the settlement aspect of my case.

  3. #3
    Join Date
    Feb 2008

    Default Re: Settlement Amount For Torn Labrum With Surgery

    bc, determining the value of your claim is entirely premature given your post. There are plenty of attorneys who will give you numbers if you ask trying to get your business. Kind of like competing realtors, telling you they can get more to sell your house.

    Remember, WC is not a pain and suffering system, but a permanent disability system. Difficult to determine permanent disability before MMI and return to work.

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