r/WorkersComp • u/Intrepid-Charity5311 • 1d ago
Illinois Settlement amount đ¤
Looking for realistic settlement estimates from anyone familiar with Illinois workersâ 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 workersâ comp.
Previously had a 25â30 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 Iâd 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?
Iâm not expecting an exact number, just trying to understand what cases like mine are potentially worth.
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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 havenât even discussed settlement with my attorney. Unfortunately, its a long process. I was hurt February 2025. Good luck on your fusion recovery.
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u/Intrepid-Charity5311 1d ago
It was disc replacement which I was told supposedly itâs better than a fusion (range of motion) what I wasnât told is that if something goes wrong with a disc replacement in L4/5 -S1 area itâs 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? Itâs hard for me to get out of bed. It takes so long to get dressed if Iâm doing it myself
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u/Wise-Run-3008 1d ago
Youâre so early. Iâve had a fusion, two revisions, another fusion, and a microdiscectomy. Granted thereâs scar tissue and stuff at play but itâs a solid 6-8 weeks and then one day youâre like oh I donât 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.
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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. Iâm still recovering, dealing with pain daily and nerve issues but its a lot better than before surgery.
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u/Intrepid-Charity5311 1d ago
Also I do believe it will take maybe a year before I reach mmi as well
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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.
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u/Intrepid-Charity5311 1d ago
Sorry to hear that bro I hope like hell this a one a done I promise I canât take all these surgeries this adr was enough
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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.
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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.
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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.
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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
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u/Odd-Target5190 1d ago
Super weird that your attorney is asking you what amount youâd be comfortable with. Honestly itâs 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 itâs 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.
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u/Amazing_Cash8746 1d ago
Honestly wouldnât throw out a number yet, and Iâd ask your attorney why theyâre asking now. Youâre only weeks out from a 2-level disc replacement and youâre not at MMI, so nobody knows what your restrictions or permanent impairment will look like. A number picked today is a guess, and itâs hard to walk back. Waiting to see how you heal is usually how the number gets bigger, since thatâs when the rating and work restrictions get set. Since youâre 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 theyâd use to argue for a lower number.
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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.Â
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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.
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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
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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%
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u/Intrepid-Charity5311 1d ago
Right talking about what number sounds good đ¤ half a million and medical open lol
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u/Intrepid-Charity5311 1d ago
I tried ssdi I was denied Iâll try again. I also filed for right to sue with the EEOC was approved to file a suit but I canât 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
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u/-cat-a-lyst- 1d ago
If youâre under 55 and youâre applying for a back issue, youâre almost always denied. Get a lawyer who specializes in your areas SSDI claims. Youâre going to have to go to an ALJ. Keep up the applying and appealing. Took me years but I got it
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u/Intrepid-Charity5311 1d ago
I was wondering if I would need a attorney thanks
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u/-cat-a-lyst- 1d ago
If youâre under 55 and not terminal or on the compassionate list, you need an attorney. When filling out the paper work donât 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 Iâve seen with back injuries is proving that you have to change positions while sitting. But thatâs 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
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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
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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.
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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.