The Illinois legislature enacted revisions to the Illinois Workers’ Compensation Act which became effective September 1, 2012. The most controversial and misunderstood revision allows the insurance company to use the American Medical Association (AMA) impairment ratings (Factor I) to determine the value of a claim.
However, there are other factors that should be taken into consideration together with the AMA impairment rating when determining the value of your Workers’ Compensation case. They are:
- Factor II The occupation of the injured employee- What type of work does the employee do? Sedentary, light to medium or medium to heavy work. The Permanent disability may be judged to be greater for someone who works construction as opposed to someone who works at a desk.
- Factor III- The age of the employee at the time of the injury- A younger person would have to live with a permanent disability longer than that of an older person.
- Factor IV- The employee’s future earning capacity- Is the employee’s earning capacity the same as before the accident? Is the employee told they no longer have a job? Is the employee unable to perform the work they were doing before the accident?
- Factor V- Evidence of disability-
(a) Demonstrated evidence of disability corroborated by
(b) Credible testimony
(c) Ongoing symptoms related to the injury
If you sustained an injury after September 1, 2011, and the insurance company has offered you a settlement contact our office. We can assess your claim to see if what the insurance company is offering is fair. DO NOT SETTLE YOUR CLAIM without speaking with an experienced workers’ compensation attorney.
If you were injured prior to September 1, 2011, the new rules do not effect your claim. However, we will gladly provide you with an assessment of your claim. Even if the insurance company hasn’t made you an offer to settle your claim and they are telling you that your claim is closed, YOU MAY STILL BE ENTITLED TO A SETTLEMENT. Your claim can only be closed by signing a Lump Sum Settlement contract or by arbitration.
You can contact us directly at 800-437-2571 or complete the free case evaluation form on this web site.