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How do they figure out what a workcomp is worth?

Rockford, IL |

I was hurt about 17 ago and re-injury and fired. Doctor released me to return to work, employer said they said was 100%, they push me. I took pills for the pain and kept going with a dr. appt. I ended up in the ER from taking to many pills. Then ended up fired me two days after I made my Dr appt for miscondut. They said I never reported although my appt was made before I got in trouble. They refuse medical and I have filed for SSI.

Attorney Answers 5


  1. The million dollar question

    It's based on your age, job description, severity of your injury and its effect on your ability to perform your job. Couple that with the value of similar reported cases that have been tried, your wage rate, and other factors, and a value is arrived at. This is a very tricky area of law and you would benefit yourself greatly by consulting with a lawyer.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  2. The calculation of a worker's compensation clincher can only be done well by a qualified workers compensation attorney. The calculation depends upon your compensation rate, ratings, TTD value, future medicals, statutory exposure, and much more.


  3. What part of your body? What diagnosis? What restrictions? What are your wages? What is your age? These are some of the questions that MUST be answered before anyone can give you an answer. Consult with an experienced WC attorney as soon as possible.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  4. It sounds like you are combining questions that fall into different areas. There is not an easy answer to this question without an attorney carefully evaluating the complete background and records for both the workers' comp aspects and possibly some employment law issues. Beyond that, I also wonder whether your SSI application may not be more likely to succeed with an attorney involved in the process. I suggest moving forward with a consultation.

    The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.


  5. I've been telling clients for a long time that there is no exact formula to determine the value of a work-related injury in Illinois. It's based on a combination of your injury, diagnosis, treatment, recovery, ability to return to work, any permanent disability or impairment you have, your wages, and maybe even a few other considerations as well depending on the facts of your case. The most recent changes to the Illinois Workers' Compensation Act may lay out a framework to lessen the recovery an injured employee may receive, so it is important to strongly consider consulting an attorney and retaining the services of a qualified attorney to maximize benefits you may receive.

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