Chicago Personal Injury Attorney
Chicago Personal Injury Attorney
If you are injured on the job in Illinois, you may be eligible for workers’ compensation benefits. These benefits can cover medical expenses, lost wages and permanent disability resulting from your work-related injury or illness. However, navigating the complexities of workers’ compensation in Illinois can be challenging, especially when it comes to understanding how body parts and impairment ratings factor into your settlement. Learn about these key aspects of the Illinois worker’s comp settlement process.
Workers’ comp settlements in Illinois are generally based on the scope of your disability and how it impacts your ability to work, per the Illinois Workers’ Compensation Commission (IWCC) Act. You can negotiate a settlement with your employer’s insurance company directly or through a hearing before an IWCC arbitrator.
Your settlement amount will depend on various factors, including the severity of your injury, the duration of your disability and your average weekly wage before the injury. The specific body part affected by your injury and the corresponding impairment rating assigned to that body part will play a significant role in determining your settlement amount.
The settlement amount for workers’ compensation varies greatly depending on the specific circumstances of each case. For example, settlements for more severe injuries, such as amputations or spinal cord damage, tend to be higher than those for less severe injuries like sprains and strains.
It’s essential to note that accepting a settlement offer means you give up your right to seek additional compensation for your injury in the future. Consulting with an experienced workers’ compensation attorney before accepting any settlement offer is crucial to ensure you receive fair compensation for your injuries.
When you suffer a permanent disability due to a work-related injury, you may be entitled to permanent partial disability (PPD) benefits. PPD benefits are calculated based on your impairment rating. An impairment rating is a percentage representing the extent of your permanent disability.
It is important to note that disability and impairment ratings are different. Disability is your inability to perform certain tasks or engage in specific activities due to injury. Impairment is a medical assessment of the permanent damage to your body part or system. A workers’ comp impairment rating is the percentage that represents the extent of permanent damage or loss of function to a particular body part or system caused by a work-related injury or illness.
In Illinois, impairment ratings are determined using the American Medical Association’s (AMA) Guides to the Evaluation of Permanent Impairment. These guides provide a standardized method for assessing the extent of permanent impairment caused by various injuries and illnesses.
To obtain an impairment rating, you must receive an evaluation from a qualified medical professional, such as a physician or occupational therapist. During this evaluation, the medical professional will assess the affected body part, measure your range of motion and consider any other relevant factors, such as pain, weakness or sensory loss.
Based on this assessment, the medical professional will assign an impairment rating percentage to the affected body part using the impairment rating scale from the AMA Guides. The impairment rating percentage is used to calculate your PPD benefits.
In Illinois, each body part is assigned a specific value. This “body part value” represents the maximum number of weeks of PPD benefits you can receive for an injury to that body part. For example, an arm is assigned a value of 253 weeks, while a thumb is assigned a value of 76 weeks.
To calculate your PPD benefits, multiply the impairment rating percentage by the body part value, then multiply the result by your average weekly wage. For instance, if you were given a 20% impairment rating for an arm injury and your average wage per week is $1,000, your permanent partial disability benefit would be calculated as follows:
The location and severity of the injury within a specific body part can also impact the impairment rating and, consequently, the settlement amount. For example, an injury to the dominant hand may result in a higher impairment rating than one to the non-dominant hand, as the dominant hand may have a greater impact on your ability to perform your job duties and daily activities.
It’s worth noting that these body part values are set by Illinois law and are subject to change. An experienced workers’ compensation attorney can help you understand the current Illinois workers’ comp body part values and how they apply to your case. They’ll also supply you with an Illinois workers’ comp settlement chart to help you estimate what you may get from your case.
Here are some of the current body part values for workers’ compensation claims in Illinois:
These values represent the maximum number of weeks you can receive PPD benefits for a specific body part. The actual duration of your benefits will depend on your impairment rating and the specific circumstances of your case.
You can appeal the decision if you disagree with the impairment rating assigned to your injury or believe your workers’ comp settlement is inadequate. The appeals process typically involves filing a petition with the IWCC and attending a hearing before an arbitrator.
During the hearing, you will have the opportunity to present evidence and testimony supporting your case. These may include medical records, expert witness testimony and other relevant documentation. Your employer’s insurance company will also have the chance to present their case.
After considering all the evidence, the arbitrator will decide on your appeal. If you disagree with the arbitrator’s decision, you can further appeal to the IWCC’s commissioners and, ultimately, to the Illinois courts.
Having an experienced workers’ compensation attorney by your side is crucial throughout the appeals process. They can help you gather the necessary evidence, present a compelling case and protect your rights as an injured worker.
Navigating the complexities of workers’ compensation in Illinois, particularly concerning body parts and impairment ratings, can be overwhelming. You do not have to face this challenge alone. At the Law Offices of Argionis & Associates LLC, we are happy to help. Our experienced workers’ comp attorneys are here to provide you with the individualized service you need to secure the compensation you deserve. We offer free consultations and work on a contingency basis, meaning you won’t pay any fees unless we win your case.
Call us at 312-626-6294 or contact us online today to learn more about how we can help you with your Illinois workers’ comp settlement.
George Argionis has over 20 years of experience in handling cases involving auto collisions, premises injuries, medical malpractice, product liability, construction-related and work-related injuries. He has dedicated his career to helping restore lives both emotionally and economically.
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