Workers’ Compensation Frequently Asked Questions (FAQs)
What benefits do workers’ compensation laws provide?
How much should I receive while I’m off work for a workers’ compensation injury?
Robert Nelson, David Nelson and Reed Nelson have all authored chapters regarding the Average Weekly Wage for the Illinois Trial Lawyers Association. Simply put, the lawyers at Nelson and Nelson have a great deal of knowledge and experience in calculating the best Average Weekly Wage for your case.
If you are injured and believe that you are not getting the compensation you deserve, give our office a call for a free consultation.
Contact UsWhat benefits do workers’ compensation laws provide?
Workers’ Compensation laws differ from state to state. Generally, injured workers are entitled to three main benefits:
- Compensation while they are recovering from the injury (commonly called TTD or temporary total disability).
- Payment of medical bills related to the injury.
- An amount of money at the end of the case that is intended to compensate the injured worker for the permanent problems associated with the injury.
If you believe that you are entitled to any of these benefits, but have not received one or more, please call us so we can help you get the benefits you deserve.
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What benefits do workers’ compensation laws provide?
Workers’ Compensation laws differ from state to state. Generally, injured workers are entitled to three main benefits:
- Compensation while they are recovering from the injury (commonly called TTD or temporary total disability).
- Payment of medical bills related to the injury.
- An amount of money at the end of the case that is intended to compensate the injured worker for the permanent problems associated with the injury.
If you believe that you are entitled to any of these benefits, but have not received one or more, please call us so we can help you get the benefits you deserve.
Contact UsHow much should I receive while I’m off work for a workers’ compensation injury?
While off work recovering from an injury, employees are entitled to 2/3 of their Average Weekly Wage. The Average Weekly Wage is a very important calculation because it impacts how much someone gets while they are off work, and it affects how much they receive at the end of the case in the form of a settlement or award.
Calculating the Average Weekly Wage is not easy. There are many factors to consider including overtime, reasons for missing work, per diem benefits, and many others. Many times, those whose work is influenced by the weather and job availability—such as carpenters, operating engineers, laborers, steelworkers, sheet metal workers, and other skilled trades—need a detailed look at the wages they’ve earned compared with what the insurance company is paying them. Often, the first calculation by an insurance company is too low.
Robert Nelson recorded a video for the Illinois State Bar Association discussing Average Weekly Wage below:
How much should I receive while I’m off work for a workers’ compensation injury?
While off work recovering from an injury, employees are entitled to 2/3 of their Average Weekly Wage. The Average Weekly Wage is a very important calculation because it impacts how much someone gets while they are off work, and it affects how much they receive at the end of the case in the form of a settlement or award.
Calculating the Average Weekly Wage is not easy. There are many factors to consider including overtime, reasons for missing work, per diem benefits, and many others. Many times, those whose work is influenced by the weather and job availability—such as carpenters, operating engineers, laborers, steelworkers, sheet metal workers, and other skilled trades—need a detailed look at the wages they’ve earned compared with what the insurance company is paying them. Often, the first calculation by an insurance company is too low.
Robert Nelson recorded a video for the Illinois State Bar Association discussing Average Weekly Wage below:
How much is my case worth?
Determining the value of a workers’ compensation case requires a detailed examination of the injured person’s wages and medical records regarding the injury. There are many considerations, but two critical aspects of the value of a case are how much someone earns and the recovery following the injury.
Consider two people who have identical injuries and identical medical recoveries, but one person earns $30/hour and the other earns $10/hour. The higher wage earner will have a significantly higher settlement or award at the end of the case.
As far as the recovery from the injury, if someone has permanent restrictions at the end of the case, the value is generally higher. For example, if there are two people with equal wages, identical injuries, and identical treatment, but one person has permanent restrictions following the recovery and the other person does not, the person with the permanent restrictions will very likely have a larger recovery. This is because the injury has had a larger impact on that person’s ability to work in the future.
If you have questions about how much your workers’ compensation case is worth, please give our office a call for a free consultation.
Contact Us
How much is my case worth?
Determining the value of a workers’ compensation case requires a detailed examination of the injured person’s wages and medical records regarding the injury. There are many considerations, but two critical aspects of the value of a case are how much someone earns and the recovery following the injury.
Consider two people who have identical injuries and identical medical recoveries, but one person earns $30/hour and the other earns $10/hour. The higher wage earner will have a significantly higher settlement or award at the end of the case.
As far as the recovery from the injury, if someone has permanent restrictions at the end of the case, the value is generally higher. For example, if there are two people with equal wages, identical injuries, and identical treatment, but one person has permanent restrictions following the recovery and the other person does not, the person with the permanent restrictions will very likely have a larger recovery. This is because the injury has had a larger impact on that person’s ability to work in the future.
If you have questions about how much your workers’ compensation case is worth, please give our office a call for a free consultation.
Contact UsI was injured on a construction site. Do I have a workers’ compensation claim or a personal injury claim?
In situations where someone is injured at work due to another party’s negligence, that person may have a workers’ compensation claim and a claim against the negligent party (sometimes called third party claim, civil claim, or personal injury claim). In the context of a construction site accident, this can happen when there is a problem with the work due to the negligence of another contractor or company besides the employer.
For example, if another contractor has created a dangerous condition such as a loose beam, uncovered hole, or unsecured load resulting in an injury, the person may have a workers’ compensation claim against the employer, and a civil, third party, or personal injury claim against the negligent, at-fault party.
In those situations, the workers’ compensation insurance carrier will often assert a lien against the third party, civil or personal injury claim.
If you were injured on a construction site, please give our office a call for a free consultation.
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I was injured on a construction site. Do I have a workers’ compensation claim or a personal injury claim?
In situations where someone is injured at work due to another party’s negligence, that person may have a workers’ compensation claim and a claim against the negligent party (sometimes called third party claim, civil claim, or personal injury claim). In the context of a construction site accident, this can happen when there is a problem with the work due to the negligence of another contractor or company besides the employer.
For example, if another contractor has created a dangerous condition such as a loose beam, uncovered hole, or unsecured load resulting in an injury, the person may have a workers’ compensation claim against the employer, and a civil, third party, or personal injury claim against the negligent, at-fault party.
In those situations, the workers’ compensation insurance carrier will often assert a lien against the third party, civil or personal injury claim.
If you were injured on a construction site, please give our office a call for a free consultation.
Contact UsThe insurance company is denying authorization for treatment, even though my doctor has recommended it. What should I do?
Insurance companies often deny surgeries and other recommended treatment because they want to save money. If your doctor believes that you need a surgery or other treatment as a result of an injury at your work, the insurance company should authorize that treatment unless they have their own doctor saying you don’t need the surgery or treatment. Even then, a judge may disagree with their doctor and agree with the treating doctor.
If this situation applies to you, please call our office for a free consultation to discuss how to get authorization for the surgery.
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The insurance company is denying authorization for treatment, even though my doctor has recommended it. What should I do?
Insurance companies often deny surgeries and other recommended treatment because they want to save money. If your doctor believes that you need a surgery or other treatment as a result of an injury at your work, the insurance company should authorize that treatment unless they have their own doctor saying you don’t need the surgery or treatment. Even then, a judge may disagree with their doctor and agree with the treating doctor.
If this situation applies to you, please call our office for a free consultation to discuss how to get authorization for the surgery.
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