The severity of a workplace injury may never allow you to return to the same line of work. This may mean being forced to take a lower paying job because of your limitations.
The Crystal Lake law firm of Balke & Williams has worked with many others in McHenry County and across the Chicago metro who have found themselves in similar circumstances. We know how to pursue wage differential claims through the Illinois workers’ compensation system. These claims are often highly contested by the insurer, but we have significant experience and a track record for results.
Permanent Injury And Restrictions
After you report your workplace injury, a doctor will review your case to determine whether you have any permanent restrictions, maybe you cannot lift over 25 pounds or you cannot sit for more than 30 minutes straight. These may prohibit you from returning to the same position.
If your doctor determines that you are unable to perform your prior duties and you are forced to take a pay cut, you may be entitled to wage differential benefits. In some cases, if you are unable to hold any job permanent total disability benefits might be a better route.
Insurance Company Wage Differential Denials
Wage differential benefits are hard to get. In part, this is due to the fact that these benefits extend throughout your lifetime, not just your work life.
Many insurance companies will scoff at wage differential claims and take every opportunity to prevent coverage for injured workers and their families. Often insurance carriers will claim that you could make a higher income in a different position or they might simply delay providing benefits. You need an experienced attorney who can assert your rights and present the necessary evidence to demonstrate your need.
The Illinois Workers’ Compensation Commission
Wage differential claims are heard by an arbitrator, which can be an intimidating process for anyone outside this niche practice area. Even seasoned attorneys do not always know how to present your case to the Illinois Workers’ Compensation Commission to obtain positive results. Our firm has obtained successful results recovering wage differential for permanent restrictions.
Make Informed Decisions
Before simply accepting an insurance company denial, talk with one of our lawyers about your case. We offer free initial consultation and handle cases on a contingency basis — meaning we are not paid unless we win your case.
Send us a message online or Call our office (815) 495-5598.
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