Over the years I have seen a number of people with work injuries and have reviewed their medical records.
There a certain number of people who report to their medical providers that they did not know how the injury happened.
They explain to me that the reason they did not tell the doctor or hospital that it is an injury at work was because they were afraid work would be mad or they just wanted to have their own insurance handle and avoid the hassle.
I understand what these people were saying, however when they change their mind and decide to pursue a work injury case later on it becomes very difficult for them.
The Arbitrator (a workers’ compensation judge) gives great weight to what the injured worker told the doctors and emergency room personnel at the time of the accident.
The nature of the world causes suspicion so you can understand why the information given close to the time of the accident is very important.
The best practice is to tell your supervisor, co-workers, doctors, nurses, therapists, and emergency personnel how the injury happened at work and what body parts you injured.
You do not have to file a work injury application of claim, however you must leave that option open for yourself. If you do not, then most likely you have closed the door on recovering benefits under the Illinois Workers’ Compensation Act.
Injuries hurt. Call Illinois Work Comp Attorney Dirk May at 309-827-4371 to discuss the best way to help your case.
Social Security law requires that your disability payments be offset or reduced to take into account any Workers’ Compensation settlement.
This makes it very important for your Workers’ Compensation lawyer to be aware of your filing for Social Security Disability benefits.
The best situation is to use the same lawyer for both the work injury claim and the Social Security Disability claim, however if that is not possible then make sure that your Workers’ Comp lawyer talks with your Social Security attorney.
Your work comp lawyer must make sure to put special spread language approved through SSA to reduce any offset as much as allowed pursuant to SSA rules.
I have seen several Work Comp settlements that have not used this special language and the disabled workers suffers greatly as a result.
These injured workers have had their Social Security disability benefits cut off for several years.
The result is that it would have better for the injured worker to never have taken any money for the Work Comp settlement.
Make sure that you do not sign any work comp settlement contracts without having them reviewed carefully by and experienced Social Security Disability attorney.
Do you have a work comp injury and are you disabled? Feel free to contact me, Dirk May, an experienced Social Security Disability and Illinois Workers’ Compensation Attorney at 309-827-4371.
Keep this list in your wallet so that you have it ready for yourself or a co-worker or friend in case of injury.
- Go to the doctor immediately.
- Complete an accident report as soon as possible. Keep a copy for yourself.
- Tell your supervisor about the accident.
- Tell the doctor about every body part that you injured.
- Tell the doctor how you were injured at work.
Following these simple steps will strengthen your work injury case and keep the insurance company from denying your benefits.
If the Workers’ Compensation insurance company wants to take a statement from you regarding the accident, call a Work Comp lawyer right away. The insurance company can use any statement you make against your interest.
Questions about your work injury case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.
When you examine Arbitrator’s decisions in Illinois Workers’ Compensation cases you will notice that the Arbitrator looks carefully at what is contained in the medical records.
When the injured worker does not mention a work injury to a body part then she will most likely lose her case.
For instance, if the doctor’s report mentions a leg injury but does not refer to a back injury then the injured worker will not be able to recover for the back accident.
Exceptions might be a witness who testifies to the back and leg accident.
Or an injury report that details the back and leg accident.
What happens on the day of the accident is very important. So make sure that you tell everyone can about your work accident and all the body parts that you hurt.
Questions about your Work Comp case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.