Injured Worker: Paralyzed Worker Awarded $48 Million in Court

How Catastrophic Injury Awards Are Calculated

A forty-eight million dollar award sounds like an astronomical number until you understand how it was calculated. In catastrophic injury cases, every dollar is tied to a specific, documented need. Let me show you how the math works.

The foundation is the life care plan. A qualified life care planner, usually a registered nurse or rehabilitation specialist, evaluates the injured worker's current condition and maps out every service, piece of equipment, and form of care they will need for the rest of their life. For a paraplegic, that includes twenty-four-hour attendant care, a wheelchair-accessible home, a modified vehicle, regular medical appointments with specialists, medications, physical therapy, occupational therapy, psychological counseling, and replacement equipment as it wears out over the decades. When you add up the annual cost and multiply it by a life expectancy of thirty or forty more years, the numbers are enormous because the needs are enormous.

Lost wages and lost earning capacity are calculated by a vocational expert and an economist. The vocational expert establishes what the worker was earning and what they would have earned over the course of their career with normal raises and promotions. The economist converts that future income stream into a present-day dollar figure using accepted discount rates. For a skilled tradesperson in their thirties or forties, the lifetime lost earnings can easily exceed two or three million dollars.

Now here is the part that most people do not understand. In a case like the Burns Harbor steel worker, the forty-eight million dollars did not come from a workers compensation claim alone. It came from a third-party negligence lawsuit. Workers comp in Illinois pays for medical bills and a portion of lost wages, but it does not pay for pain and suffering, and the benefits have statutory caps. When a third party, like a general contractor, equipment manufacturer, or property owner, contributed to the injury through negligence, the injured worker can file a separate civil lawsuit against that third party. That civil lawsuit has no caps on damages.

This is why having a lawyer who understands both workers comp and personal injury is critical in catastrophic cases. You pursue the workers comp claim against your employer to get your medical bills paid and your temporary benefits flowing. Simultaneously, you investigate and pursue the third-party case against whoever else was responsible. The two cases run on parallel tracks, and the combined recovery is what makes it possible to actually provide for the injured worker's lifetime needs.

Home modification costs alone can run into hundreds of thousands of dollars. Widening doorways, installing ramps, adding an accessible bathroom, modifying the kitchen, installing a lift system. These are not luxuries. They are the minimum requirements for a paraplegic to function in their own home. The alternative is institutional care, which costs even more and nobody wants.

If you or someone you love suffered a catastrophic workplace injury, the stakes are too high to handle without experienced representation. Call me at 312-500-4500. I will evaluate the case and tell you exactly what options are available.

Frequently Asked Questions: 

Can a paralyzed worker in Illinois get more than workers comp benefits?

Yes — and this is critical. Workers comp is a no-fault system that provides medical benefits, disability payments, and settlement. But if a third party — a general contractor, equipment manufacturer, property owner, or coworker from a different company — was responsible, you can bring a separate civil lawsuit for full damages including pain and suffering, which workers comp does not cover. Paralysis cases often involve construction sites or industrial facilities where multiple parties bear responsibility.

What benefits is a paralyzed worker entitled to under Illinois workers comp?

A worker who is permanently and totally disabled is entitled to two-thirds of their average weekly wage for life, or until they are no longer permanently and totally disabled. Additionally, all medical treatment related to the work injury must be paid by the insurance company indefinitely. Getting this benefit properly established and protected is a long-term legal matter that requires experienced representation from the start.

How does a catastrophic injury settlement differ from a standard workers comp case?

Catastrophic injury cases involve far greater complexity and value. Life care plans projecting future medical costs, vocational experts documenting lost earning capacity, and medical experts testifying to permanency are all typically required. Insurance companies fight these cases much harder because the dollars are larger. The difference between skilled and average representation can be measured in hundreds of thousands of dollars. I have the training to handle these cases — including credentials from Gerry Spence's Trial Lawyers College and the Keenan Trial Institute.

What should a paralyzed worker do immediately after a work accident in Illinois?

Report the accident to your employer immediately and seek emergency medical care. Request that the insurance company authorize treatment at a major trauma center or spinal cord injury program. Call an attorney as soon as you are medically stable — or have a family member call on your behalf. The insurance company will begin building their case immediately. You should too. Call 312-500-4500 any time, day or night.

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If you or a loved one is dealing with a situation like this, give us a call any time, day or night.  We are here to help. 312-500-4500

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