Legal Question in Workers Comp in Illinois

Work com sign off

My husband just went back to work after being off for 1 year with rotator cuff surgery. The Dr has released him back to work and he is now back at work. My husband has not signed off on any paperwork nor offered any settlement. What is standard procedure for this?


Asked on 8/17/07, 2:19 pm

7 Answers from Attorneys

John Wunsch Law Offices John C. Wunsch, P.C.

Re: Work com sign off

Dear Sirs:

In addition to payment for all medical bills, your husband will be entitled to future medical, all payment for time lost, as well as a lump sum payment for permanency.

There are a number of other benefits we might seek to obtain as well.

Should you wish to discuss, or require further information, please contact our office.

We have been in existence for twenty five years and have successfully handled many such cases.

Sincerely,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

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Answered on 8/20/07, 11:34 am
Jason Marker Marker & Assosiates, Attorneys at Law, P.C.

Re: Work com sign off

Even though the insurance company has paid for your husbands medical bills and his time off work up until this point, you still have the right to a settlement for the permanent injury he has sustained to his rotator cuff. This settlement is based on your husbands average weekly wage at the time of his injury and the percentage of loss of use of his arm he has now suffered.

Loss of use of an arm is determined on a case by case basis, depending on your husband's outcome after surgery, whether he has permanent restrictions, and a host of other factors. An attorney would review your husband's situation and help maximize his settlement.

You can ask the insurance company to settle on your own, but they will likely NOT offer full value knowing you know nothing about the workers' compensation system and how to calculate the proper settlement. This is where an attorney can help. I highly recommend you and your husband consult with an attorney to maximize the settlemet he can receive.

I would be happy to speak with you any time. I have handled hundreds of rotator cuff injury claims for clients in the past. You can call me at no charge anytime at the number below or simply contact me via e-mail at [email protected].

Good luck!

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Answered on 8/18/07, 8:17 am
Mike Helfand IllinoisLawyers.com

Re: Work com sign off

They don't have to offer a settlement and as his health is the most important thing, you might want to forgoe one and keep his medical rights open. He can still receive compensation that way, but it wouldn't be in a lump sum.

If you'd like our help, we guide people with work injury cases anywhere in Illinois. Call me at 312-

346-

5578.

Yours truly,

Michael Helfand

Attorney

www.findgreatlawyers.com

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Answered on 8/17/07, 2:27 pm
Scott A. Blumenshine Blumenshine Law Group

Re: Work com sign off

Employers and their insurers

do not necessarily follow a standard

procedure.

The Illinois Workers Compensation Act does

entitle injured workers to benefits including medical expenses, temporary

wage payments, and a lump sum for the

permanency of an injury.

You did not mention your husband's

occupation. He likely has some

ongoing pain or limitations for

which he may be entitled to additional

compensation.

Please feel free to contact me

for free consultation.

Scott Blumenshine

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Answered on 8/17/07, 2:37 pm
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Work com sign off

You may wish to consult with an attorney who can advise your husband of his rights under the Illinois Workers' Compensation Act. Please feel free to contact my office at 312--357--1431.

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Answered on 8/17/07, 2:37 pm
Nima Taradji Taradji Law Offices

Re: Work com sign off

The best advice is to have an attorney look over the facts and the medical records to see what is the best course of action.

However, you have two choices:

1- keep the claim open and continue getting benefits as they become necessary.

2- close the claim and get a lump sum settlement.

Which is a better course of action depends on many factors that cannot be determined without having looked at everything including what you and your husband want.

My office handles cases such as this.

I hope all this helps,

Taradji Law Offices

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Answered on 8/17/07, 2:37 pm
Matt Belcher Belcher Law Office

Re: Work com sign off

I think that the best advice would be to wait for a while (about two or three months) after returning to full-duty, to make sure that the arm has healed up.

If you feel confident about the recovery then you can settle your case for the permanent injury to the arm.

The insurance company (if you ask) will offer you some money to settle the case but you will wind up with more money in your pocket if you have a competent lawyer.

It is not that complicated but your case requires knowledge about the workers compensation commission and its rules.

The insurance company knows that you do not have the ability to challenge their offer without an attorney so they will try to convince you to settle for a lesser amount than your case is worth.

If you hired my office to settle the permanent injury you would have to pay my office 20% of your recovery; however, it is my experience that you would still walk away with more money than if you tried to go it alone.

Regardless, feel free to ask if you have any questions.

Good luck,

Matt Belcher

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Answered on 8/17/07, 7:27 pm


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