One of the most important things to know in your Workers’ Compensation case is whether or not you should settle.
Sometimes there is no question about what you should do.
For instance, if the Work Comp insurance company refuses to give you an offer then you have to go to trial. No question about it.
However, if you receive a decent offer then you must decide whether to accept it or go to trial.
You must honestly assess your case.
What defenses does your employer have?
Did you report your accident right away?
Did you complete an accident report in a timely manner?
Is there a gap in treatment between your accident date and your medical treatment?
Did you accurately describe your accident to your doctor, and its relationship to your work?
Did you treat consistently and according to doctor’s orders?
Did you have past problems before your accident date, or did you have accidents outside of work after your work accident?
If you have flaws in these areas they can really damage your case.
If the Workers’ Compensation insurance company gives a reasonable offer and you have problems with your case then it makes sense to settle your case.
When you have a trial the Arbitrator rules and awards you the amount she thinks is proper. Any settlement offers you may have had go away once you go to trial.
It is better to walk away with money in hand, then to go into a trial and risk everything.
Questions about your Work Comp case? Feel free to call Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.