Legal Question in Workers Comp in Illinois

My husband recently found out he has a torn rotator cuff and torn labrum workmans comp agreed to all testing and then stopped now he is looking into hiring an attorney what type of settlement is he possibly looking at by the time this is done and how are we suppose to live due to the fact he can't work


Asked on 8/28/10, 6:16 pm

3 Answers from Attorneys

Matt Belcher Belcher Law Office

If your husband injured his shoulder while working and as a result cannot return to work, he is entitled to be paid temporary total disability (TTD).

The amount of TTD is 2/3rds of his average weekly wage from the last 52 weeks and continues until he reaches maximum medical improvement, no matter how long it takes. TTD is also non-taxable, so often it is close to the net paycheck prior to the accident.

If your husband's claim is denied or disputed you likely need to hire an attorney. An attorney will not charge more than twenty percent of the disputed amount and often merely hiring an experienced attorney can cause the claim to suddenly be no longer denied.

Regarding the type of settlement, there are many options which cannot be fully explored until your husband is at maximum medical improvement. If your husband returns to his prior job, then the settlement is based upon the permanent loss of his arm. If he cannot return to his prior usual occupation, however, you need to call an attorney to discuss all of the benefits, which include vocational retraining and the payment of a wage loss differential for the life of the disability.

Best of luck to you,

Matt Belcher

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Answered on 9/02/10, 7:49 pm
Mike Helfand IllinoisLawyers.com

There is nothing more important than your husband's health so I would focus on that right now. The value of the case in the end will be determined by the extent of his injury and his recovery.

I run a state wide network of lawyers in Illinois who focus on representing injured workers. My site is www.illinoisworkerscomplaw.com. I can help you find the right lawyer for his unique case. If you want my help (no commitment, no charge) or have questions call me at (800) 517-1614.

Mike Helfand

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Answered on 9/03/10, 6:49 am
Sal Sheikh www.BetterCallSal.com

Sorry to hear about your Husbands situation.

If you would like a free consult, give me a call and we can discuss the details of the claim.

312-532-8554 OR [email protected]

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Answered on 9/07/10, 10:11 am


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