Visitor Question

What should I expect as a disability settlement from workers comp?

Submitted By: Robert (Chicago, IL)

In February of 2014 I slipped on ice in a work parking lot performing my job as a spotter. I broke bones in my left foot. Since then I have had 2 surgeries to fix the bones. I still suffer discomfort and burning/pain if I’m on my feet too long and with every weather change.

I just received a letter stating my employer has made a settlement offer of $27,000 based on a 27.5 disability rating to my left foot. Is this a good amount for settlement? What should I know about a case like this and accepting a settlement? Any suggestions on this would be greatly appreciated. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Robert,

Workers’ compensation programs generally define “disability” as a reduction in an individual’s wage earning ability, directly resulting from an injury or occupational disease arising while a worker was in the pursuit if his or her assigned work duties.

Physicians assign disability ratings to injured workers. A physician treating an injured worker will not assign a disability rating until such time as the physician believes the worker has reached a level of maximum medical improvement (MMI). At that time, if the worker still suffers a decrease in functional ability due to an impairment, the physician will then assign a disability rating.

In almost all cases, physicians rely on the American Medical Association’s Guide to the Evaluation of Permanent Impairment to assign a disability rating.

If you don’t believe the disability rating assigned to you is appropriate, speak with your primary treating physician. The physician has the right to modify the rating if he or she believes doing so is medically appropriate.

Here’s more about Illinois Worker’s Compensation Commission Benefit Rates

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 15, 2017

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