Asked in Personal Injury and Workers' Compensation for Illinois

Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

2 Lawyer Answers

A: An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry this happened. If the nurse you describe is yourself, I hope you are okay. It could depend on injuries, time lost from work, level and permanence of any disability incurred, and other factors. One option is to reach out to workers' comp attorneys in your state to discuss. Most offer free initial consults. Good luck

A: I don't mean to be flippant, but the only legitimate answer to your question would be a comprehensive "how to do it" book on Worker's Compensation injuries. It is not "rocket science," but it can be unbelievably complicated. To make the calculation, an attorney would need to know, at a minimum, your medical diagnoses, your gross average weekly compensation, any permanent residual deficits you may have, and the results of any functional capacity evaluation that was administered. Please try to understand that even if an experienced attorney went through all of the many factors that are involved and provided you with his/her best estimate of a value range for your case, you wouldn't have any idea what to do with that information. You couldn't explain why you insist that is the value. The vast majority of the time, individuals who are represented by experienced attorneys recover far more than 20% MORE than they would have recovered on their own, and everything is taken care of for them. In a worst-case scenario, this means you get no more money, but the attorney is free. In the best-case scenario, the attorney is free, and you get more money. I don't understand your motivation for a primer on Illinois Worker's Compensation law.

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