What Is Going To Happen To Settlements Under The New Illinois Work Comp Law?

 For carpal tunnel claims after June 28, 2011 and all other injuries from September 1st on, new laws are in place for workers’ compensation claims.  One of the new rules is that the AMA settlement guidelines, which screw workers, have to be considered as part of the settlement process.  It’s not the only factor or the main factor, but some attorneys have been worried about how this will effect the value of claims for their clients.

We don’t really know the answer, but according to a national insurance company organization, the NCCI, the value of cases in Illinois should not go down much, if any.  They recently produced a memo on the topic.  Here is a summary from the Chamber of Commerce.

The NCCI has provided its analysis of savings on HB 1698, the legislation signed into law by Gov. Quinn on June 28th. Their analysis found an average overall system savings of 8.8% or approximately $264 million annually.

Medical Fee Schedule (8.2) (effective September 1, 2011)

-7.4%

Wage Differential Benefits (effective September 1, 2011)

-0.8%

Permanent Partial Disability (PPD) Benefits for Carpal Tunnel Syndrome claims (8e) (effective June 28, 2011)

-0.6%

Overall Impact on Illinois WC System Costs

-8.8%

As you can see, while they expect payments to doctors per case to go down by a bunch, they do not expect the permanent partial disability payments to be dropped very much and it’s our contention that they should hardly drop at all as well, if any.

Again, we’ll find out for sure soon enough, but considering that insurance companies aren’t expecting a big drop behind closed doors, I don’t know how they make a different argument to the Illinois Workers’ Compensation Commission.  But of course, that has never stopped them before.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.

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Comments (2) Read through and enter the discussion with the form at the end
Rebecca - August 15, 2011 2:41 PM

I have work related carpal tunnle I have had surgery already one in march of 2011 and the other in April 2011 I returned back to work on May 30th 2011 and had my final appoint for maximal recovery on july 21 2011 but i have not heard from anyone about settlement or even the process of. I called my work comp worker and asked if he had everything he needed and he said yes so i said well do i have to do anything else cause my friend said i should ask for or be offered a settlement and i have heard nothing he said send him a letter. I s this correct cause i really need to change jobs cause my boss since i have been injured has taken my vactions away from me and has just been very rude and even down right hateful to me in front of other employees and also my patients and i just dont know how much more i can take. so what should i do so i can settle and change jobs please help my arms are still going numb as well like now, Surgeon said it and the random pain should get better with time.

WE REPLY: Honest answer is that they don't have to offer you a settlement and if they were going to do it they would low ball you. A lawyer can make it happen by formally filing a case. If you want our help e-mail your number or call us at (312) 346-5578. Our fee is 20% of what we recover, but I can't imagine that you won't end up with more with us than without if they even offer anything at all which they often don't on carpal tunnel cases.

Wayne - October 30, 2012 10:32 AM

I told my employer back in may of 2010, they appealed 3 times and lost. Ihave had Carpal Tunnel Surgery and Revise Ulnar Nerve AT EL on both arms and both wrists. They relocated the Ulnar under the muscle in both elbows. I live in Madison County, my question is how much should I expect to get from this when they settle. My lawyer is good but not saying to much.

WE REPLY: There is no way for us to tell you without seeing your medical records. If you have a good lawyer, trust them. They probably aren't saying anything because it's too soon.

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