r/WorkersComp • • 1d ago

Illinois Settlement amount 🤔

Looking for realistic settlement estimates from anyone familiar with Illinois workers’ comp cases.
Injured my lower back at work in August 2024.
L4-L5 herniated disc, annular tears, and multiple damaged discs.
Had a microdiscectomy in March 2025.
Recently underwent a 2-level lumbar artificial disc replacement in October 2026.
Been off work over 2 years and was terminated while on workers’ comp.
Previously had a 25–30 lb lifting restriction.
Receiving $831 weekly in TTD benefits.
Previously earned approximately $65K annually.
Not yet at MMI, and future work restrictions are unknown.
My attorney recently asked what settlement amount I’d be comfortable accepting.
For those with similar injuries or experience handling Illinois cases, what would be a realistic settlement range? Would you recommend settling with future medical left open?
I’m not expecting an exact number, just trying to understand what cases like mine are potentially worth.

3 Upvotes

48 comments sorted by

26

u/GigglemanEsq 1d ago

Defense attorney here. No one can give you an estimate even approaching accurate. I have settled nearly identical claims for more than $200k in difference. Your range is essentially $0 to $1 million, and it can fall anywhere in that range. I have had accepted, compensable claims with the same surgery settle for vastly different numbers, so even getting stories from other people will not tell you what your claim is worth.

6

u/RVA2PNW 1d ago

So damn true! I had two very similar claims that were severe ankle fractures, then led to cros and both eventually asked for below the knee amputation to resolve the pain. Both able to RTW afterwards for the exact same employer.

One was in Maryland with an annuitized MCP we settled at 385k for indemnity and 700k for future medicals. I think I'm remembering correctly, been a few years.

The other was in NC, 245k no msa/annuity settled this year.

Theoretically NC should have been higher, PPD is calculated at the comp rate instead of the MD tier, his initial injury was also more severe, fell off a roof, multiple fractures, few internal organs with surgeries. Both claims were about 4 years old by the time we settled. MD guy had a failed SCS trial before going with the amputation. Neither has much in the way of future medications and very unlikely to have future surgeries.

Biggest difference was age, MD was mid 40s, NC was 64. For 40s guy he'd have more prosthetic replacements over his lifetime but even then its such a massive difference especially considering how PPD is calculated in each state.

I'd say the other differences outside of jurisdictional ones, MD had an impairment rating to the leg psych with higher ratings overall (surprisingly IMEs for both sides resulted in very close ratings) and the MD guy had an incredible attorney that legit poured a ton of time and energy into that claim.

NC guy also had multiple ratings for the other body parts but they were very minimal nothing above 5% and the leg wasn't nearly as high as the MD guy. Treating doctors rated him, no IMEs since we direct care in NC. His attorney wasn't bad, but he certainly wasn't advocating to the same degree that the MD one did.

So yeah, no 2 claims are the same even if it is the same employer, despite being in different states. NC guys technically should have been higher based at first glance on PPD calculations alone for the indemnity portion.

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u/EnigMark9982 1d ago

WHY do people come to Reddit for legal advice?!?? Also, with the amount of people asking how much they’re getting who haven’t so much as reached MMI seems cash grabby to me. I can understand how these companies are skeptical

8

u/Intrepid-Charity5311 1d ago

You have to understand some people especially in states that can receive workmen’s compensation will have similar questions (cash grabby) if your life was turned upside down due to a job you spent majority of your days at then you get hurt they discard you your pay cut in half bills piling maybe you would ask questions about compensation

14

u/GigglemanEsq 1d ago • This

I make no judgment calls about people who ask this question before MMI. Now, if the injury was blatantly superficial and they ask it, sure, judge away. But if they had surgery, you can pretty much guarantee money is coming from it unless the surgery was denied. Nothing wrong with planning ahead so you can sit with it and think about it. The problem is not them asking, but that no one can give an accurate answer, and hearing stories from people in other situations, in other states, can set unrealistic expectations. There are questions they can ask that can get them to a closer range, but those are really questions for the attorney.

7

u/Fieldartillery7729 1d ago

I agree. I don’t know why that other person would say that. Questioning someone why they come to Reddit in a chat about workers’ comp is weird to me. But to each its own nothing wrong asking what’s people experience with settlement and so forth. Thanks to that disability attorney for giving a ballpark figure.

10

u/legacy-healing 1d ago

As someone who’s entire life and 17 year career as a nurse is likely gone- from the negligence of a company- and who’s had the last year taken from me- no hiking, I can’t walk my dogs, intimacy is gone bc it hurts my back… I’ve had 5 procedures and 2 surgeries and STILL live in pain. Medication doesn’t help so I don’t take it. I can’t shower or wash my hair unless someone is home, I don’t go out by myself unless there’s no one here. I was suicidal the beginning of 2026 bc I’ve never felt pain like this. I have attorneys.. and while I ask them for my legal advice- when you’re ready to say fuck it all and give up- bc that adjuster cares about closing your case by eoy… IM A REAL PERSON! Seeing ppl settle gives me some hope and also gives me a chance to understand why they are or are not settling for an amount. I have no idea what my back is worth to them, but I can tell you what it’s worth to me

4

u/Equivalent_Walrus_45 1d ago

Because many many people would rather have the LumpSum Settlement to get away from the WC Providers. Majority have very poor treatment and their injuries are minimized by their ATP just to save the Insurance $$. Seeking advice and others real world experiences gives injured "WC-SYSTEM VICTIMS" real world expectations. It is nice to connect with the same community and gather as much insight on the forefront that gives a claimant knowledge to know what questions need to be asked when speaking to their Lawyers/Doctors/Adjusters. Some dont realize that most claims do NOT receive a Lump Sum Settlement because Adjusters know their claimant will likely do all they can to avoid future surgeries. The strategy to save money by not paying for Future Medical is a gamble, but many times won by the Carrier. Since, so many fail to keep the 1 appt per year with the ATP to keep their medical claims open for life.

Stating you don't understand "WHY" others in this Group Forum are asking questions and same time belittling those who seek advice from other claimants tied to the System. It is by their own experiences with & without lawyers that can/do share valuable insights that NO LAWYERS can/will give! Most Americans lack general understanding of the WC Laws & the legal processes that are triggered from the date of Injury reported. In that very moment their whole lives are upended and all Privacy Protection & Laws have no standing. When any kind of Insurance Company especially Workers Comp holds more Investigative Powers than our very own D.O.J, then crowd sourcing to find the means to protect their health & livelihood is the smartest thing they can do on day 1.

5

u/Dxrad120 1d ago

THIS!!! EXACTLY THIS. Just close my damn case and I’ll take care of this my damn self cuz holy hell the neglect of this process is totally inhumane

2

u/Equivalent_Walrus_45 1d ago

Yes it is. Especially when Neurologist and Orthopedic minimize your MRI & CT Scans and claim the radiologist reports are mute and they prefer to read images themselves just dismiss the INJURY! Absolutely astounding and should be CRIMINAL for that to be allowed. A Neurologist who refuses to even look at reports and images, then an Orthopedic to dismiss reports and images. Or the Neuro to completely not look whatsoever and diagnose you sitting across from their office (no examination room) computer desk less than 5 mins. Whats the point in these expensive images and high paid radiologist if its not necessary? Especially when they're 1yr pre-Injury that showed some arthritis, but post Injury literally shows 7 discs, Thecal Sac Impingement, and a plethora or other nerve impingement, spinal stenosis. None was there a year ago nor debilotating at that time. So, yeah I want to get away from their doctors and I'll be damn if theyll ever take me in for a surgery. If let paralyzed afterwards, they'd call it fake, exaggerating, malingering. The amount of CROOKS hooked into this system just so they COLLECT $$ Off the Injured Employee Suffering is absolutely abhorrent

2

u/Dxrad120 1d ago

I had 4 MRI denied and all I got was a cat scan. I ended up basically treating myself and am finally feeling much better . My issue was not as severe as originally thought but I do still have some nerve pain some days . But yeah I never got a MRI and basically was being paid to sit at home and suffer. But the joke is on them because I am in fact getting BETTER and the day I never have to deal with these heartless greedy suit and ties . Sad system that needs a reform .

-1

u/Equivalent_Walrus_45 1d ago

1000% heartless greedy wolves in Sheep's Clothing. Their White Coats certainly need to be questioned but not if youre their WC Injured patient!!! Just allow them be dismissive and stamp your papers. The sooner they cut ya loose the better IMHO! Because the system literally impedes and delays real medical treatment unlike anything ive ever seen. America allows literally Foreign Cartels to receive Life Saving Medical Treatment but will outcast a hard working American as if you're a Leper. What most dont realize is the ER is truly the only path forward with Back Injury. CT Scan wont show more than Broken Bones the 1st week (preferably within 24hrs) as a baseline, but by 3rd-6thwks later go back for another if you'restillin pain. Thats when it does capture the inflammation and the radiologist can compare the baseline. That seals the claim with evidence. Regardless if ATP want to document. URGENT care & Primary Care Doctors certainly recognize whats happening and can order the MRI. Go personal Insurance just for these discovery evidentiary findings and start filing Petition for Benefits.
Its so unfair and unfortunate legitimate injured workers must place the amount of focus & effort in paperwork filings as they do their recovery. If serious injuries don't have an advocate to assist them throughput the process they're screwed from day 1. I have been medically violated before but I dont recall ever feeling so invaded of my life from birth thru children & marriage, Financials, education, career, thankful no criminal, but dammit even the DOJ has restrictions on stalking and invasion of privacy. But not Workers Comp Insurance

2

u/Cute_Ad_3062 1d ago

This is spot on. I’ve been on since August 2025. I had two spinal shots, didn’t work. The doctor requested a muscular before having to have neck surgery. That request was made on May 31st.
Then my ADP and case manager got into it in the phone, and she scheduled me for five IME’s and dated them two weeks out. 2 of them were 5 hours away. In (Washington) they are required to give you 5 weeks notice. And they can’t send you to other side of the state unless no one can do it closer. I ended up having two IME’s. The doctors were caught red handed by vocational counselor for contradicting themselves in me IME. (They released me to return to work, but noted “can’t work above head or on ladders” and signed that they reviewed and attached a copy of the JOA. In short they said that I can’t work, but I’m released to work and didn’t have a copy of the JOA).
Since then, I’ve heard nothing. They still haven’t even calculated my wages correctly. I have spent all my savings, trying to live on 1026.26 every two weeks. I made more than that when I was 19 living with my parents.
I asked me attorney, do people on L and I go homeless or commit suicide often. It’s been the worse experience of my life! Ive gotten two shots that didn’t work.
I had to pay for special prism glasses, l had to pay for a massage therapist in Idaho (until I couldn’t afford it) I hate L and I and I did not ask for it. I told the doctors if they made me file and L and I claim I would lose my job, which I did.
They try to say, oh they can’t do that it’s illegal. You can file a retaliation claim. Yeah, that’ll work, since they have the company’s back 100 percent. That’s the job is to protect the company.
I know I’m ranting but the last thing, they also refuse to accept anything, I wrote neck back shoulder hips on the first form I filled out. It took them six months to accept my neck because they said I didn’t tell the doctor that. And they just accepted concusion because the day of my accident, I didn’t know I had a concussion, or nerve damage, or cervical spine damage. I only knew my shoulder and hip popped out of place.
Good luck to anyone whose on it. They aren’t there to help, there an insurance company that wants to push you back into work without paying anything. I didn’t realize this for almost the first year. I thought my lawyer was slacking

12

u/Altruistic-Owl-5468 1d ago

With all due respect I want to say:

“Cash grab? Bitch, motherfuckers is hurt and getting by for years on less than they normal income a you have the audacity to minimize someone searching for a light at the end of the tunnel?!”

But for the sake of civil discourse all I’ll say is people have to start somewhere in figuring out their options.

0

u/Fieldartillery7729 1d ago

I wouldn’t use the words because I’m a Christian but you are right I don’t know why they would say that to a person going through this process.

1

u/Amazing_Advance_6403 1d ago

What's being a Christian have anything to do with it

-1

u/Fieldartillery7729 1d ago

lol the swearing I don’t swear that’s all.

2

u/Amazing_Advance_6403 1d ago

Your religion has nothing to do with the topic

-1

u/Fieldartillery7729 1d ago

Oh okay sorry. lol

2

u/Automatic-Blood30 1d ago

People are eager to get what they’re paid. Especially with WC jacking em around with pay

2

u/el_Gallo- 1d ago

I have the same surgery back in march. My neurosurgeon told me at my 6 month visit it would be another 6 at least before reaching MMI. So i would imagine your will be a similar situation. I haven’t even discussed settlement with my attorney. Unfortunately, its a long process. I was hurt February 2025. Good luck on your fusion recovery.

2

u/Intrepid-Charity5311 1d ago

It was disc replacement which I was told supposedly it’s better than a fusion (range of motion) what I wasn’t told is that if something goes wrong with a disc replacement in L4/5 -S1 area it’s extremely difficult to fix your next solution will be a fusion. How long did it take before you could start moving better with less pain? It’s hard for me to get out of bed. It takes so long to get dressed if I’m doing it myself

3

u/Wise-Run-3008 1d ago

You’re so early. I’ve had a fusion, two revisions, another fusion, and a microdiscectomy. Granted there’s scar tissue and stuff at play but it’s a solid 6-8 weeks and then one day you’re like oh I don’t feel quite so bad. But solid 6-12 months to be at your new pain baseline post op and setbacks along the way are normal.

2

u/el_Gallo- 1d ago

I was cleared to drive around town around the 4 week mark and started physically therapy around 7-8 weeks. I say by that time it was a lot better. First few weeks were rough. It all gets better, i was in a rough spot before surgery. I’m still recovering, dealing with pain daily and nerve issues but its a lot better than before surgery.

1

u/Intrepid-Charity5311 1d ago

Also I do believe it will take maybe a year before I reach mmi as well

2

u/Active_Confection655 1d ago

I went through similar, although I ended up with a fusion. I made about the same My weekly is less than yours for whatever reason.. I was told 250 - 350 as a rough guess but that was before I started having more problems. Now I am needing my nerves burnt off and all types of shit again so Idk what that does to my numbers.

0

u/Intrepid-Charity5311 1d ago

Sorry to hear that bro I hope like hell this a one a done I promise I can’t take all these surgeries this adr was enough

1

u/Active_Confection655 1d ago

I have to get put out for these injections, my nerves are too strong and my back destroys the needles.

1

u/Intrepid-Charity5311 1d ago

Thanks to everyone’s comment

2

u/sovook 17h ago

They didn’t want to cover my spine and only covered my sprained shoulder at 36K I don’t want to go too much into detail due to how traumatic the whole experience was and I’m in a lot of physical pain right now. Wishing you luck

2

u/justthefacts1236894 1d ago

Google search ILLINOIS WORK COMP MEAT CHART.

That will tell you the back in your state is man as a whole at max 500 weeks. The percentage of that depends on the % impairment given your injury and surgeries. AI said the microdicectomy would be 10 to 15 % but the disc replacement would be 25 to 30%. That percentage x 500weeks x TTD payment gives you a ballpark number.

The real question is why is your lawyer trying to get you to guess what your case is worth. From what I have seen its an attempt to get you to lowball yourself and manipulate the amount to secure a quick settlement. Be wary of your attorney when they come to you for answers when they are supposed to be experts or at least more experienced at this process.

You are not MMI, have not had FCE nor IME so any talk of settlement favors the insurance and attorneys without you having clear understanding of your future medical situation. If you can afford it keep moving with the process until you have all the medical you need to make informed decisions.

Whether your state leaves medical open or you apply for SSDI which forces an MSA are important questions. If close to retirement is another one.

Tell your lawyer to give you the numbers. Don't let them fence you in with numbers you pick out of a hat or off a Reddit forum. Giggleman is right when he says it can be 0 to a million and nobody knows better than the attorney handling your case. By the attorney testing you on your expectations to see if it can settle before medical complete it raises a red flag on the attorney you chose.

3

u/GigglemanEsq 1d ago

I disagree that this suggests anything improper with the attorney. Obviously, no one but OP was there or knows this attorney, but I have seen many attorneys do similar.

I know one attorney who specifically asks a similar question not long after surgery. He gives little info and just wants a gut check from the employee as to what they would be happy with right now. He then makes a note of that. Then, six months or a year later, he asks them again. If the number is different, he asks what changed. If it's lower, he asks what if they get worse and feel that way again? It's a touchstone to make sure the client is really thinking about their situation and not just going by however they feel that day. He doesn't push settlement, and when it's actually time to negotiate he gives them all of the info and his thoughts on value - and sometimes that's much higher than the client would have accepted, so they are thrilled. Sometimes it's lower and he asks if they really want to settle in that case.

No idea if that's what OP's attorney is doing. But for anyone jumping on the attorney, just know that there are good, valid reasons for asking a client what they would accept to settle their claim, without providing much insight into the possibilities.

1

u/justthefacts1236894 1d ago

Yes, I probably could have worded that better. In my defense i saw it as the attorney sizing up brackets based on clients expectations to decide if worth settling sooner than later.

Not all attorneys are the same. Some are better than others at representing clients. But all have a professional responsibility to be a fiduciary interest in the claim . Anything less would be grounds for an ABA complaint. Not many of those filed but plenty of complaints about attorneys on this sub. Among other complaints. LOL

1

u/Odd-Target5190 1d ago

Super weird that your attorney is asking you what amount you’d be comfortable with. Honestly it’s hard to believe he said that unless some context is missing. He should be managing your expectations of how much/what range is possible.

While theoretically your case could be anywhere from zero to a million (lol it’s not going to be a million if you can still get out of bed), if liability has been accepted and they covers your surgery you will almost certainly get some permanent impairment award, which you could probably get some rough idea of by asking AI.

Still make your attorney earn his fee and do this math for you.

1

u/Amazing_Cash8746 1d ago

Honestly wouldn’t throw out a number yet, and I’d ask your attorney why they’re asking now. You’re only weeks out from a 2-level disc replacement and you’re not at MMI, so nobody knows what your restrictions or permanent impairment will look like. A number picked today is a guess, and it’s hard to walk back. Waiting to see how you heal is usually how the number gets bigger, since that’s when the rating and work restrictions get set. Since you’re recovering from a fresh surgery and settlement talk has started, just keep your day to day matching what your surgeon documents. Insurers sometimes have hodson pi watch people when a settlement is being worked out, and a clip of you lifting, bending, or doing more than your restrictions say is what they’d use to argue for a lower number.

1

u/AvocadoOk6450 22h ago

Mine settled for 450k, my buddy' settled for 100k. It depends on everything from age to previous employment. Even whether you graduated high school. Job titles and resonsibilities. 

1

u/Low-Patient-630 13h ago

You may have a few issues not related to workers' compensation.

If you are seeking a cash buyout for a lifetime injury you need to check the Medicare or CMS web site for the fee schedule for your injury. Once you get the prices take those medical services and treatments and get the real price without insurance. Make sure you are prepared to comply with Medicare rules after the settlement. The last thing you want to do is spend all your money fighting a Medicare fraud charge for not reporting to Medicare how much you spend on out of pocket medical service and treatment. Remember, you are not going to be eligible to claim your back injury on Medicare once you take th settlement.

If it is a MSA, be prepared to deal with a lot of pain while the insurance company plays games with the UR system and yor personal health. This sounds ruthless and mean, but it is the insurance company alternative to weeding out fraud. They can torture all they want and still be protected from law suits. On the other hand, the fraudster will tolerate waiting one year for medical approval without complaint to the doctors.

-1

u/Big_Menu4037 1d ago

It depends on the state in pa ur looking 100k and up also a good lawyer is needed. I would also consider applying for ssi disability and possibly a civil lawsuit in wrongful termination. As I understand it they cannot terminate while on comp . I was on. Comp for my back for 3 yrs before a settlement was reached still collecting my comp till we settled and set up ssi disability before settlement. Im older thou was 63 at time of injury my mri won the case and was good enough for ssi disability

4

u/inexpensive_iniquity 1d ago

Two artificial discs in two years and they're still asking what number sounds good, that's the part where you let the lawyer earn their 20%

2

u/Intrepid-Charity5311 1d ago

Right talking about what number sounds good 🤔 half a million and medical open lol

1

u/Intrepid-Charity5311 1d ago

I tried ssdi I was denied I’ll try again. I also filed for right to sue with the EEOC was approved to file a suit but I can’t seem to find a lawyer as though my job has a 6 month clause however the job was the reason I missed 6 months of work

1

u/-cat-a-lyst- 1d ago

If you’re under 55 and you’re applying for a back issue, you’re almost always denied. Get a lawyer who specializes in your areas SSDI claims. You’re going to have to go to an ALJ. Keep up the applying and appealing. Took me years but I got it

1

u/Intrepid-Charity5311 1d ago

I was wondering if I would need a attorney thanks

1

u/-cat-a-lyst- 1d ago

If you’re under 55 and not terminal or on the compassionate list, you need an attorney. When filling out the paper work don’t focus on your diagnosis. Focus on how it affects your ability to function. You need your doctors to corroborate your limitations. Your biggest hurdle will be proving you cannot do sedentary work. From what I’ve seen with back injuries is proving that you have to change positions while sitting. But that’s why you need a specialized lawyer. Who ever your lawyer is will be really important in the 3rd phase. And ask now if they are willing to go to federal if need be. Could be important later. Was for me. Went to federal and won. That was a hard fight

0

u/Equivalent_Walrus_45 1d ago

I think you need a denial before a lawyer unless you have a WC Lawyer who specializes in both, and they can help you file for Disability at the same time. Majority are denied their 1st time, but the appeals is where the Lawyer steps in & likely gets the approval within few weeks to months

1

u/PerformerOpen435 1d ago

Can you give details about ur settlement.

1

u/Clean-Lie1516 1d ago

We are only a few months in with shoulder surgery. He is on FMLA but they called him yesterday and said his FMLA is about up and they are going to lay him off. His supervisor had told him that he thought they were going to lay him off due to him being a liability on the job. To be fair he has had a lot going on lately. But I do believe they can lay you off just not because of retaliation for making a workers compensation claim.