job that didnt call for any hard work some cooking and over seeing part time. I tolled the job that I got hurt on about it. I work the other job for about 3 month . My back injury had to have surgury. the surgury didnt work. I cant work any jobs now because of the back injury.I am sueing the job workers comp I got hurt on. what change do you think I have.
You have rightsunder workers' compensation for any injuries sustained while working and performing your required job. Because this now affections ability to do the other job, it gets bait confusing.
Workers' compensation entitles you to three sets of rights, generally.
One is that you are paid a portion of your earnings for any time you cannot work due to injury (and in your case, this usually would involve the other job earnings to some extent too).
Another is that your medical expenses are paid, with some constraints.
Third, you are entitled to a lump sum compensating you for the severity of your injury.
You have had surgery and have medical restrictions causing you to miss significant time from work. I encourage you very strongly to contact a workers' compensation lawyer immediately. There is no fee without recovery and fees are limited to 20%.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Email: [email protected]
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.
It is difficult to give you a good answer without knowing the specific facts of your case. Like Mr. Hoffman said you are entitled to three benefits under Illinois Worker's Compensation. You need to contact an attorney to make sure you get everything to which you are entitled.
The fact that you were hurt on one job and unable to resume work while continuing to work at a second, less physically demanding job, will not prevent you from moving forward with your case and getting the amount that you deserve, if the case is handled correctly. In fact, your settlement can be based in part on the combinded average weekly wage from both jobs.
Workers Comp settlements are based upon three factors:
1) Your Average Weekly Wage
2) The part of your body that has been injured
3) The degree of disability as supported by the medical records.
It is impossible for anyone to assess the value of your case without knowing your average weekly wage. Even if you were to post that fact, no attorney reading a short summary will know more about your case then the attorney now representing you. He has had the benefit of reading your entire set of medical records. You need to have a discussion with him about this offer, and whether or not he recommends accepting the offer or going to trial. Please keep in mind that you do not have to accept any offer, you always have the option of trial. Also keep in mind that workers comp awards are based on formulas, and there is a real limit to what you can get.
Now, if you are attempting to negotiate a surgery case without the benefit of an experienced attorney, then you are making a serious mistake. You need an attorney to subpoena and review your medical records and then compare your injury to other published cases so that a fair settlement can be determined.
I hope that helps.
Steven A. Sigmond
Law Office of Steven A. Sigmond
345 N. Canal #1208
Chicago, IL 60606
This answer is general information and should not be considered "legal advice." Proper legal advice can only be obtained after hiring an attorney and providing full information regarding your case.
If the employer where you were injured was aware that you had the other job, your Workers' Compensation benefits should be calculated to reflect your earnings from both jobs. No one will offer you this. You need to have an experienced Worker's Compensation attorney to make sure that you received everything to which you are entitled. Good luck.
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: [email protected] http://www.themargolisfirm.com
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline