Chicago, IL asked in Workers' Compensation for Illinois

Q: If I decide to take ptd wkly pymnts instead of taking a lump sum in my wc case is that still considered a settlement

Related Topics:
2 Lawyer Answers
Richard K. Johnson
Richard K. Johnson
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: A hearing before the Commission wherein a worker is awarded permanent total disability benefits will be paid weekly for life. The added benefit of a hearing award is the right to future medical benefits for life for the injury and entitlement to the payments from the rate adjustment fund that are made to protect the award against the erosion of the benefit from wage inflation. An award is different from a settlement.

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

A: NOBODY is going to pay you every week, for the rest of your life, unless the Commission Orders them to do so. It is certainly possible for the parties to stipulate if they are in agreement but they must still go through the formality of making a record. It is not for you to "decide."

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.