What is my Illinois workers' compensation case worth? We can tell you what it isn't worth.

A caller who was taken advantage of by an attorney called us recently, very upset.  He had a shoulder surgery and because his wage was low, the settlement amount he was offered - which his attorney recommended he take - was not that high.  He called us wanting to know what we thought was fair.

It's almost impossible to give a good valuation without seeing medical records, but that's not why I am writing this post.  During the conversation it was revealed that the reason the client was upset with the offer is because his attorney told him when he first signed up that he was shooting for a settlement of around $1.2 million!!!

Now if you aren't that familiar with Illinois workers' compensation laws, you might not know that in even the most serious, life altering situations, a case is not worth near that much money.  We obtained the highest settlement that we have ever seen at the Workers' Compensation Commission and that was for $800,000 for a young, permanently disabled client.   Most cases where the worker makes a good recovery go for somewhere in the five figures and some others where the injury is major or the recovery isn't good go in the low to mid six figures.

For a lawyer to tell his client to expect over $1 million on a case where the client is going to be returning to his normal job is just scummy and an example of why lawyers have a bad name.  If you went to me about handling your case and I estimated it was worth $50,000 and another lawyer estimated $1,000,000, you'd probably hire the other guy.  But if it seems too good to be true then it probably is.  Now this other lawyer is facing an ethical violations report and the client is pissed. 

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.

You don't have to be in a wheel chair to be permanently disabled

We tell a lot of our clients that we hope their case isn't worth in the six figures.  If it is that means they had a really big injury that is probably going to impact them long term.  I haven't met one person that would give up their health for any sum of money.

On the flip side of that is the fact that many workers in Illinois do sustain severe injuries that change their lives forever.  Some can go back to their old jobs.  Some can still work for their same company but in a new job.  Others end up making less money working elsewhere.  Still others may be able to do some work, but there is no stable job market for them.

If you are hurt on the job and your doctor's final restrictions don't say that you are permanently disabled, that doesn't mean that you aren't permanently disabled under Illinois work injury law.  You just have to show that there's no reasonable expectation that a job would exist for you.

The Arbitrators look at a bunch of factors in deciding this.  They include the age of the worker, their education, their language skills, job history and physical restrictions.  You may be able to make some money here or there, but if there is no stable market for you, you will likely be found to be permanently and totally disabled.  The case that decided this was called National Tea vs. Industrial  Commission.

A smart attorney or injured worker doesn't leave their fate to an injured worker.  They demand that the insurance company hire a vocational expert and they also hire one of their own.  Just like you have to prove through a doctor what your injury is, you should prove through a vocational expert your ability to get a job.

This process is a marathon, not a sprint.  As long as you are cooperating with vocational rehabilitation you should continue to be paid while you are off work.  By cooperating with the process you help yourself in the long run.

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.