What amI entitled to in a worker’s compensation claim?

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What amI entitled to in a worker’s compensation claim?

I fell on ice at work. Taken to ER vomitting, migraine and dizziness. Sent home and was off for 2 days. Given medicine for migraines and muscle relaxer, due to neck pain. Had migraines for 3 weeks. Also, spranged left wrist.  What amount am I entitled from workmans comp?

Asked on April 26, 2011 under Personal Injury, Illinois

Answers:

Mike Harvath / Harvath Law

Answered 10 years ago | Contributor

     Hi.  I am an Illinois workers' compensation and personal injury attorney that handles claims throughout most parts of the state.  I am sorry to hear about the accident, and I hope that you are steadily recovering from your injuries.

     Under Illinois workers' compensation laws, you are entitled to three types of benefits when you sustain a work-related injury.  First, you are entitled to payment of all medical bills resulting from treatment related to your injury.  Second, you are entitled to payment, at an amount that is a percentage of your normal wage rate, for time that you miss from work due to your injury.  Finally, you are entitled to a lump sum payment, in the event that you have any on-going, or longer term injuries or disabilities from the original accident.

     The amount that you are entitled to will be based on the severity of your injuries, whether you will likely need any medical treatment in the future, and the extent to which the injuries interfere with your normal life.  Injuries to the head or neck can result in rather high rates of compensation.  Additional detail would be needed in order to provide an estimate of the settlement value of your claim.  The amount you ultimately recover can vary significantly, and whether you have an attorney negotiate the claim for you can have a sizable impact on the outcome, particularly with more complex cases, those involving head, neck, or back injuries.

     I hope this helps at least to an extent.  For convenience, I can be reached via e-mail at [email protected]

NOTE: This answer is for educational purposes and does not constitute legal advice.  The use of this site does not establish an attorney-client relationship or privilege between the user and the attorney responding.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no hard and fast rule of what you are entitled to from workers compensation. It depends on the type of work you do, if it impacts your future work, if your sprained wrist creats more issues in the future, if you have future medical costs, if you are still off of work, and of course in what area of the country you live in. These factors are merely factors, but you should really consult with a lawyer representing you so that you are not left to deal with the compensation board on your own. You can try looking at any boards online that may list general awards or even peruse your local law library that may actually have some of that information; many companies use these to gauge general settlement amounts.


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