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

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2 Lawyer Answers

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.

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."

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