The Illinois Workers Compensation Act determined that the value of a work related elbow injury is based on a percentage of loss use of the arm. The Act states that a loss use of an entire arm is worth 253 weeks. When a worker injures his elbow, those cases are determined based on a percentage of loss use of that arm. When the percentage of disability for an arm is determined due to the nature and extent of the injury suffered by the injured worker, that number is multiplied by the permanent partial disability rate to determine the value of the claim.
The permanent partial disability rate varies from worker to worker because the permanent partial disability rate is based on 60% of the injured workers average weekly wage. The average weekly wage of a union carpenter earning $35.00 an hour having the same injury as a worker at Home Depot earning $15.00 an hour, the value of the union carpenters case will be more than double that of the Home Depot employee because the union carpenters average weekly wage is more than twice that of the Home Depot employee.
The value of an elbow injury with surgery from the years 2014 through 2016 varied from 5% loss use of an arm to 25% loss use of the arm. The majority of the cases reported by the Illinois Workers Compensation Commission were between 10% and 15% loss use of the arm.
A work related elbow injury can take many forms such as a cubital tunnel syndrome, ulnar nerve transposition, an ulnar nerve decompression, elbow epicondylitis, commonly known as tennis elbow, and further broken down into medial epicondylitis and lateral epicondylitis and elbow redial nerve entrapment. The above referenced surgical procedures are common procedures resulting from industrial injuries.
With so many different surgical procedures resulting from work related injures to elbows, it can be very daunting for an injured worker to determine the value of surgically repaired work related elbow injury without the assistance of an experienced workers compensation attorney.
In addition to the type of surgical procedure performed on an injured worker, the value of the case is determined by the factors codified in the workers compensation statute set forth as follows: occupation of the injured worker, the age of the injured worker, the future earning capacity of the injured worker and the evidence of disability of the injured worker. The evidence of disability includes but is not limited to, any permanent lifting restrictions and/or working restrictions, such as no overhead work.
It is not uncommon for a worker who injured his elbow to have also injured his hand and may have surgical procedures for his hand and elbow. If that is the case, he would have his claim evaluated based a loss use of the arm for the elbow injury and loss use of the hand for the wrist injury. The most common wrist injuries are carpal tunnel syndrome or cubital tunnel syndrome.
Elbow injuries requiring surgery sometimes require second and third surgical procedures to cure the injured workers condition of ill-being.
The value of an elbow injury with surgery is also determined as to the injured workers ability to return to work with or without restrictions. Naturally, a worker that has returned to work with restrictions for the same injury has a value higher than an injured worker who is able to return to work without restrictions.
If you have a work related elbow injury that requires surgical intervention, you need to get an experienced workers compensation attorney on your side to make sure you receive all the benefits that you are entitled to and your rights under the Illinois Workers Compensation Act are not trampled on by the workers compensation insurance company. The workers compensation insurance company has a team of professionals including highly trained claims adjusters, investigators, and attorneys who sole job is to get you to accept a settlement which is far less than the actual value of your claim and/or prevent you from obtaining the required medical treatment you need to recover from your work injury or, in extreme cases, preventing you from ever receiving a dime for your disability.
To learn more about your rights as an injured worker, please order David N. Rechenberg’s workers compensation book entitled “Everything You Wanted to Know About Recovering Money for your Illinois Worker’s Compensation Case But Were Afraid to Ask.” By reading this book you will also find out the 9 mistakes that can ruin your Illinois Workers Compensation case. Rechenberg has more than 29 years’ experience battling insurance companies on behalf of injured workers getting them the money and medical treatment they are entitled to under the law. If you have a work related injury, call Dave at 847-854-7700 to get his working on your case right away.
Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your personal injury case.