My husband is a plumber and broke his heal bone at work on a huge huge commercial job Just now released by Dr.

Business 6 views 10 answers
He is still doing physical therapy, he was just released by the Dr. to go back to full duty. In the report it says his Achilles tendon Will be compromised Permanently. Because of the line of work he's in is there be a base value to go off of. I have heard something about 5% of the foot what does that mean

Attorney Answers

10
Bradford Bucklin ·
Percentages of disability are based upon the total diminished earnings value of a particular body part. Since IL settlements are called "permanent partial disability," ("PPD"), percentages basically mean that your husband is likely to permanently lose some percentage of the use of his foot for future earnings. So, 5% would be 5% loss of the total value of a foot, as defined in IL. That figure seems low; you didn't say where you got it. 5% (or any % for that matter) is not a number that is fixed, by any means. Illinois has a system that uses 6 factors to evaluate disability. They are designed to guess his future disability from work. 5% might be a figure that is generated by the AMA guidelines, but those guidelines are only 1 of the 6 parts of the IL evaluation. If your husband couldn't go back to work, or has problems once he tries to return then he might be entitled to something other than a percentage. He might get a wage differential (2/3s of the difference between his old wage and his new wage). If the doctor thinks that there is a serious chance that your husband's heel will break down in the future, he might want to have a hearing so that he can get lifetime medical benefits. Many other benefits are available in the next approx 5 years, as well. You can see that this is quite complicated (in a good way!); I and the others have really just scratched the surface. Please see a lawyer in your area and get some detailed advice.
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Judy Goldstein ·
This appears to be more of a Workers Compensation question. Consequently I will change the practice area to attract those attorneys who can best answer.
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Charles Candiano ·
The MOST important consideration must be an analysis of whether your husband may have a 3rd party claim against any entity on that jobsite OTHER than his employer. You need an attorney skilled in Workers' Compensation AND 3rd party claims. The answer to your question is as follows: Under Illinois law, the foot is worth 167 weeks of permanency. Hence 5% of a foot is 8.35 weeks of permanency. A worker's permanency is defined as 60% of his average weekly wage, subject to a maximum of a little more than $700 (depending on the date of accident). If he was injured after 7-1-14, the maximum rate was $735.37, so his maximum recovery on 5% foot is $6,140.33 (8.35 x $735.37). If your husband fractured his heel and injured his achilles tendon, with permanent restrictions, 5% is VERY low. The injury you describe is worth 5%-15% Foot. Please make him consult an experienced Workers Compensation attorney BEFORE he agrees to anything. For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of his fee. So, you have fewer headaches AND you get more money. It really is a no-brainer. Here, your husband also need advice on the viability of a 3rd party claim. You can find an experienced Workers' Compensation attorney here on . Attorneys on want to help you but we are not permitted to solicit your business. You must contact us.
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Andrew Stephen KryderPersonal Injury LawyerChicago, ILIL licensed ·
Contact an injury attorney for this. There is no fee unless a recovery is made. There several benefits your husband is entitled to and you need to make sure the insurance company is not short changing you. When I need a plumber I call one. You need a lawyer. Call one to discuss your options.
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Philip Berenz ·
You need to hire a workers compensation attorney ASAP! Fight!!
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William Stanczak ·
As Mr. Kryder indicated, there are a number of issues that need to be explored to determine the correct next step your husband should take. The rules regarding "return to work" are complex. Your husband should contact a Workers Compensation attorney ASAP to review case and develop a specific plan to ensure he receives all the benefits to which he in entitled.
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tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
Please retain a workers' compensation lawyer these cases are difficult to understand and you'll never get fair value without an Attorney. Fees are contingent, so there's no risk.
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Matthew Friedman ·
If you do not have a worker's compensation attorney yet, hire one now. Your husband has a very serious injury and he needs good representation to make sure he receives all of the compensation he is entitled to. You can call one of the attorneys responding to your inquiry or use 's find a lawyer tool.
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Michael Korein ·
I agree with my colleagues that your husband should not be going it alone. To answer the questions of what 5% means, that is a low ball amount for a calcaneal fracture with Achilles tendon compromise. The comp valuation system uses a percentage of the body part injured (here, the foot) x 60% of his average weekly wage to determine settlement valuation, but lawyers always get a better result that handling it on your own.
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Steve Mccann ·
As my colleagues have indicated, this is a very complex issue with many different factors to consider. You should consult with a workers compensation attorney immediately so you can have your specific questions answered immediately.
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