Downers Grove, IL asked in Workers' Compensation for Illinois

Q: I got hurt at work and ended up needing microdiscectomy back surgery. Workers comp has been paying all the bills

And sending me my checks. But I was just wondering. Once I get cleared from my Dr to return to work without restrictions, am I eligible for a settlement? I was told I'm pretty much guaranteed a settlement once I'm cleared but others have told me I only get a settlement if I can't get cleared to do my regular job duties? I load and unload planes all day so I obviously need to be fully healed and healthy to return to my job without any restrictions.

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1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You are absolutely entitled to money but the insurance company has ABSOLUTELY NO OBLIGATION to OFFER it. It you cannot return to your former work and must accept a lower-paying job, you have a right to force the insurance company to pay you the difference between what you were earning and what you are now able to earn, through age 67. This would require your going through vocational education and is NOT something that you can reasonably do, on your own.

Even with a straightforward case where you return to your old job, and a settlement offer is made. You have no idea whether it is fair or how to argue for more money. An "offer" to an unrepresented worker is often at least 40% less than the claim is worth and will NEVER contemplate a wage differential. The maximum attorney fee is 20%. So NOT hiring an attorney will COST you at least 20% of your settlement.

Beyond the money, the insurance can "change their mind" about accepting your claim, AT ANY TIME. Without counsel, there is no one to guide you, to remind you to request that the doctor write certain things down.

An initial conference is free and without obligation. Please call during office hours for a detailed analysis of your case and to answer your questions. 312-465-2914

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