What About Past Work Comp Settlements?

The Illinois law provides for the current employer to receive a credit for past work comp settlements in certain situations.

If a specific body part is involved, then the current employer will receive a credit.

For example, there are credits for the arms and legs.

If you received a 20 percent of the arm settlement in 2003, then the employer receives a 20 percent credit against the new arm injury.

You must prove there is permanent partial disability above and beyond the original 20 percent.

This can be tricky, and the Work Comp insurance company will want to argue there is no additional disability.

You must show the status of the arm before the new injury, and the nature and extent of the new arm injury.

Keep in mind, there are no credits for back, neck or man as a whole settlements.