Make Sure to Settle Your Work Comp Case at the Right time

As the song goes: know when to hold em, know when to fold em.

In in Illinois Workers’ Compensation cases most settlements range from $2,000 to $100,000.

There are typically few large payouts because the law is written to keep costs and awards down.

Some people who have little or no knowledge of the system will tell you that you should get $300,000 to millions of dollars.

Not going to happen. The highest Illinois Work Injury settlement I have seen is $500,000. And that is very rare.

I have seen some injured workers overplay their hand and walk away with nothing.

So make sure to understand the strengths and weaknesses of your case.

Many work comp insurance companies will attempt to take advantage of the injured worker.

It may be better to get money in your pocket and walk away, versus risking it all in a trial and lose the offer you have in hand.

You can see an experienced Illinois Workers’ Compensation Lawyer who will be able to tell you what to expect and whether the offer of the insurance company is fair considering all the circumstances.

An experienced Illinois Work Injury attorney will help you get the fairest offer available.

This will be much better than listening to some co-worker or relative who does not understand the process.

Questions about your work injury? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371. There is no cost to discuss your case.

What to Expect from Your Illinois Work Injury Case

If you are injured at work in Illinois, the workers’ compensation insurance company is required to pay you benefits as set forth in the law.

This includes payment of related medical bills for exams, MRIs, Xrays, injections, medications, surgeries, or physical therapy.

You are entitled to 66 percent of your wages for the time the doctor has you off work.

Once your injury treatment is over you are entitled to a settlement based on your injury, the treatment required, and any restrictions you may have.

Many insurance companies will fail to either to pay for your medical bills, or stop off work payments, or not pay you a settlement.

If this happens make sure to call a lawyer right away.

Questions about what is happening with your work injury? Make sure to contact Illinois Work Comp lawyer Dirk May at 309-827-4371.

St Louis Firefighter injured when floor collapses

Click above to read.

Firefighters in Illinois are entitled to Workers’ Compensation benefits for all types of injuries, including cancer related to fire fighting.

What Illinois Work Comp Settlements Look Like

Do not rely on rumors or stories from friends, relatives or coworkers regarding the value of your work injury.

You must understand how Illinois Workers’ Compensation settlements are determined in order to decide if you are getting a fair offer.

The most important factor in determining settlement value is your average weekly wage for the 52 weeks before the injury.

A basic example is comparing a skilled worker to a fast food worker.

Assume that an electrician has the same injury and treatment as a crew member at Arby’s.

The electrician earns $30 per hour. The crew member makes $10 per hour.

Both workers injure their knee, undergo surgery and return to work full duty.

Assume the value of the case is 15 percent of the leg, or 32.25 weeks (leg value in the law is 215 weeks. Times .15 equals 32.25 weeks).

60 percent of the average weekly wage of $1200 equals $720. (The law uses 60 percent because work comp payments are not taxed)

$720 times 32.25 weeks equals $23, 200.

The crew member’s settlement is $400 times 60 percent. $240 times 32.25 weeks equals $7740.

This is a big difference for the same injury and same treatment.

How do the parties reach the value of 15 percent of the leg?

In Illinois the parties negotiate or bargain over the value. There is no schedule that sets the value for certain kinds of injuries. Some states use a schedule, but not in Illinois.

The value has developed over time through a large number of cases that have been decided using an Arbitrator (Judge).

The parties may disagree regarding the value, however the option available if the parties cannot reach settlement is to have the Arbitrator decide.

The disadvantage to using the Arbitrator is that it takes longer and whatever the Arbitrator decides is the value. The settlement offer goes away at that point.

Questions about your work injury case? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.