Ultimately, in Illinois Workers’ Compensation law there are only two ways to end your case. You must settle or have a trial. The decision is your decision alone. In other words, the insurance company cannot tell you what to do and your lawyer cannot tell you what to do.
The vast number of Workers Comp cases settle in Illinois- anywhere from 90% to 95%. You should settle your case if your medical bills are taken care of and you do not think you will need future medical treatment, and you are offered fair value. The value of your case depends on your wage, and the facts (clear accident?, medical opinions, medical treatment, and restrictions).
Sometimes you will not receive any offer. This makes your decision easy. You must go to trial if you do not receive an offer.
The most difficult decisions are when there is a disputed part of your case, such as a whether part of your medical treatment was related to the work injury or an unrelated cause, and the offer is less than full value. At that point you must weigh the offer versus the odds of winning more money at trial. Trials and appeals also take longer. So you may also be waiting several years for your money .
The decision is not always easy, but you must decide and be willing to live with your choice.
Questions? Please feel free to call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.