Legal Question in Workers Comp in Illinois

My husband was injured at a truck stop while at work(truck driver) in September of last year. He tore his rotar cuff, had surgery to put pins in the shoulder, physical therapy, mended and went back to work in January of this year. Can you give me some kind idea of what to expect as a settlement from workmans comp for this type of injury?


Asked on 8/19/10, 7:59 am

3 Answers from Attorneys

Nima Taradji Taradji Law Offices

There is no way anyone can give you an intelligent assessment of the worth of your husband's case without having first reviewed all medical records, diagnosis and prognosis, and all other facts relevant to the case. A settlement amount is based on many factors and not just the type of injury.

One thing however is certain-the adjuster is not your husband's friend. Neither are the case workers and any other person who have something to gain by short changing your husband. There is no way you can get fair compensation getting into a settlement negotiation for the percentage of the temporary and/or permanent disability talking to an adjuster whose sole purpose and all his or her training are and have always been geared toward shortchanging the person's who have been injured. You may know this already but the insurance company is not in the business of paying out claims-if they can help it.

Your husband would do himself a favor if he was to speak with an attorney and have an attorney who knows about the adjusters and all other persons shenanigans and won't let that affect the worth of the case. My office can help you out if you like (866-827-2354), or you may contact any other attorney in your area and seek help that way. But only with the help of an attorney (who is the only one who will be on your husband's side in all this process) will you be able to get a fair settlement-whatever that number may be.

I hope this helps-

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Answered on 8/24/10, 8:21 am
Matt Belcher Belcher Law Office

I have to agree with Nima. You really should consult with an attorney after providing all of the information which goes into the measure of your damages. An attorney will charge you approximately 20% of your worker's compensation settlement but will almost always actually save you money in the long term. Without your own experienced workers' compensation attorney, there is no incentive for the insurance company to pay you the fair value of your claim.

Best of luck,

Matt Belcher

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Answered on 8/24/10, 8:39 am
Kelly Bennett Bennett Law Offices

Well, he was released from medical care 8 months ago and the insurance company (I am assuming) has made no offer to settle his case. How long do you plan to wait before you speak with an attorney? Do you know whether you are still within the statute of limitations for filing a claim?

My advice is to retain an attorney to protect your claim, assuming the limitations period has not already expired.

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Answered on 8/24/10, 8:46 am


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