Is Compensation Always Included in a Lump Settlement

**subemployee** · 10-24-2008, 04:08 AM

My question involves workers compensation law for the state of Illinois:
I was diagnosed with a work related condition that was surgically corrected. Before the surgery I had a loss of 11 weeks of work and 6 months of light duty that caused me a loss of 10-15 hours a week. I was compensated for the time off work for the surgery and healing, but have not been compensated for the 11 weeks and the 6 months of light duty lost hours or the medications I paid for out of pocket.
Now my lawyer is settling for a lump sum and he will get 20% of that lump sum without my reimbursement of the above.
Is this normal practice or am I getting the shaft?
I have an appointment to see him in a few days and would like to go informed of what my rights are as an injured employee

**Mr. Knowitall** · 10-27-2008, 06:55 AM

If you choose to take a lump sum settlement, it is typical for your lawyer to get his fee out of that lump sum settlement. That's how your lawyer gets paid.

Your settlement will include whatever it includes - you need to ask your lawyer what it includes. I expect that it will at a minimum include all wage-loss related claims, and quite possibly all future medical.

**hurt neck** · 11-08-2008, 04:03 PM

Workers Compensation does not cover pain, and suffering. Your loss on medical bills, unless they were in the line of your injury. You should get that back. If you paid out of pocket before you had a comp case, you will not get that back. Before you go and ask for cash seattlement, you need to ask yourself, can I go the rest of my life with this injury, and not have insurence from comp to cover exspenses. If you can't work after all said and done. You need to sign up for Social Security. This would take upwards of a year. But you get paid the back pay from the time you sign up, to the time you get approved. If you don't need social security because you can return to work, then the social security will be placed on hold. So it won't hurt if you signed up for it. Good Luck and this just to let you know of your rights.