We’ve been taking an extending look at the way workers’ compensation benefits are calculated here in Illinois. We’ve looked briefly at how benefits are calculated for both temporary total and partial injuries, but also permanent total and partial injuries.
Regardless of the type of workers’ compensation benefits, an injured worker is seeking and the specific details of the case, having an experienced advocate can be an invaluable resource for ensuring one’s rights are protected. Zealous advocacy is particularly important in cases where an employer or workers’ compensation insurance carrier is seeking to cut short an employee’s benefits.
With respect to temporary total and partial benefits, it is the task of a legal advocate to ensure that a proper determination is made regarding maximum medical improvement. Delaying a finding of maximum medical improvement on the assertion that additional recovery will occur can leave an injured worker without additional needed benefits, but an advocate can help make sure the process moves along at its proper pace. In addition, proper calculation of an employee’s average weekly wage is another important determination.
With respect to permanent total and partial benefits, an advocate can help ensure that determinations of loss of use and assessments regarding the level of disability a worker has suffered are properly based on sound medical findings. An advocate can also help to make sure that an injured worker receives the form of compensation appropriate to his or her injuries, whether wage differential, scheduled benefits, non-scheduled benefits, or disfigurement.