settlement offers? - Printable Version
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settlement offers? - robert32bart - 10-07-2009 01:27 PM
I am having trouble trying to figure out what is due to me as settlement? I fell at work and had to have a/c surgery on my left shoulder (I am right handed). I was off 6 months almost to the day. The first offer I received was figured at 7.5% I am wondering how this figure is determinned? first what is the norm for my type of injury, I have read that 15% is norm but talking to one lawyer I was told 25%. second 25% of what? I have seen alot of figures from 323 weeks compensation to 440. and lastly at what rate is it figured? is it x amount of weeks at the weekly adjusted workers comp rate or is it x amount of weeks at my average income for the last 52 weeks?
The reason I am asking is cause its a huge difference in pay calculations because my job is based 50% on overtime wages so the workers comp rate per week actually was just under 50% of what I was making per week.
I should also mention that because of the a/c injury it did wear a small tear in my rotator cuff which my surgeon "cleaned up" but did not repair saying it was small enough to not be a concern, but also told me it would never heal on its own. Dont know if that makes a difference or not.
I am concerned because being a truck driver I can do my current job, but if anything happened to this employment I would not be able to accept a few other types of driving jobs because of the injury, ie. Flatbed work or low-boy work as my left arm is not able to reach high up enough to strap or chain down loads
Forgot to mention I live in Illinois
RE: settlement offers? - 1171 - 10-07-2009 01:49 PM
you can review the PPD schedule of weeks on pag 107 of the work comp act
The PPD is calculated as the percentage loss of use on an industrial basis that the injury has produced. Many factors are used in determining the PPD such as type of injury sustained, type of medical treatment received and most importantly, how the injury affects the employee in a work setting. Each body part has a number of "weeks" of PPD that it is worth. The maximum number of weeks that an arm is worth is 253 weeks of PPD benefits. PPD benefits are based on 60% of the employees' average weekly wage. In order to determine PPD, the attorney carefully evaluates the injury, obtains your medical records to evaluate the procedures performed, investigates the type of work that you are able to return to, looks to what future medical treatment that you might need among other things.
If you don't have a lawyer and a formal offer has been made by the IC, I'd talk to a WC attorney. After a settlement is offered an attorney can only collect the 20% fee if they get you at least 20% more from the IC for your settlement.
If you have an issue as to your average weekly wage then that can be part of the negotiations.
RE: settlement offers? - Manley2 - 10-07-2009 02:15 PM
Unless your overtime was manditory it is not figured into anything with WC
RE: settlement offers? - robert32bart - 10-07-2009 03:47 PM
Manley2 Wrote:Unless your overtime was manditory it is not figured into anything with WCit was mandatory and was figured into my wc but only at straight pay not at the rate of 1 1/2 times my pay like it is payed normally
RE: settlement offers? - Bad Boy Bad Boy - 10-07-2009 04:08 PM
This is all the more reasons why you should have an attorney.
RE: settlement offers? - Manley2 - 10-07-2009 04:27 PM
As bad boy said a good reason to have a lawyer. If it was mandatory the all should count. Unless the case is so very simple it pays to get a lawyer. WC will try and short you on every corner. If they have made an offer then they only get a % of what they get you over that amount.
RE: settlement offers? - Jazzi - 10-10-2009 05:52 PM
Now does that mean that the percentagage that the lawyer gets (20% over the inital )true for all states? What happens if the lawyer is able to get say 28%
he gets the 20% and I get the 8% ?