The changes in the Illinois Workers’ Compensation Law last year and the political climate have certainly changed the outlook for Work Comp cases.
Arbitrators and Commissioners are becoming more strict in interpreting the law and the value of most settlements and awards are going down.
This does not mean that all cases will dry up and result in low settlements.
The cases that will be affected the most are those that do not involve surgery, do not result in permanent restrictions, or involve pre-existing conditions.
And as always cases where accidents are in question will be hotly disputed.
The political climate has focused much attention on what is happening in these cases.
This is resulting in more conservative awards for permanent partial disability.
In the past the treatment or injury itself has been worth a certain value without express restrictions or limitations. This seems to be tightening up.
If you have a condition that resulted in treatment before your work injury, you must show a permanent aggravation because of your work injury.
Proving permanent aggravation seems to be more difficult now.
Cases of strains of the neck, back, knees or shoulders will most likely be worth smaller amounts now.
Finally, proving repetitive trauma will most likely be more difficult especially for State of Illinois workers.
Questions about your work injury? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.