Should I File a Workers’ Compensation Case?

Many people fear filing an Illinois Work Comp claim.

They believe their employer will get mad and take it out on them or fire them.

Illinois law protects a worker against retaliation for filing a Workers’ Compensation claim.

Most employers will not penalize a worker who has a legitimate work injury. That is why the employer carries insurance to protects itself and the injured worker.

In the instance when an unfair employer does fire or demote an injured worker there are legal protections. However, it may take a long time to get your job back and you may have to go to court.

The best thing to do if you are injured is to report it immediately to your supervisor or manager. Complete the work injury report and seek immediate medical treatment.

These actions will show the employer that you suffered a legitimate work injury and that ongoing medical treatment is required.

Delay in filing a claim will not help you in the long run.

Delays give the insurance company opportunities to argue that you were not injured at work or that you were not injured severely enough to recover any monetary damages.

Seeking an experienced Illinois Workers’ Compensation Lawyer will protect your interests from the beginning and help you deal with an insurance company who wants to reduce your recovery.

All lawyer’s fees are based on a 20 percent contingency that is paid at the end of the case.

Questions about your work injury? Feel free to contact Illinois Workers’ Comp Attorney Dirk May with Williams and Swee at 309-827-4371.

Do Illinois Workers’ Compensation Lawyers Make House Calls?

I know that I make house calls.

I am not sure if anyone else does.

Doctors do not do that anymore, and not many lawyers are willing to leave the office to meet with you.

I will come to your hospital room, your home or anywhere else you want to discuss your work injury case.

This is important because not everyone can get into a lawyer’s office to talk about their case.

You should be able to feel comfortable and not have to go to extremes to discuss your case with an experienced Work Comp attorney.

It is important for you to have experienced, knowledgeable representation because you will be dealing with an insurance company who has a number of lawyers on staff and other lawyers they have hired to protect their interests and not yours.

The best thing is it does not cost you any money upfront to hire a Workers’ Compensation lawyer. All fees are paid at the end of the case and they are limited to 20 percent of your settlement or award.

I have driven a client to his hearing this week, delivered a client’s check today, and have meet with a client at the Salvation Army this past week, so I will be glad to meet with you anywhere you need.

Feel free to contact Illinois Work Comp Lawyer Dirk May with Williams and Swee at 309-827-4371 to discuss your case.

Work Comp Insurance Company Tricks

Beware when a Workers’ Compensation Insurance Company makes you a settlement offer.

Some adjusters will tell you that you are only entitled to a low amount because their doctor has valued your case at a certain percentage of the injured body part.

This is called an AMA impairment rating.

In Illinois an insurance company can send you to a doctor of their choice and ask for an impairment rating.

Remember, the insurance company is paying the doctor for their opinion and the doctor understands who is paying the bill.

An example, is that the doctor will examine you for less than 30 minutes and give an opinion that your arm injury that resulted in surgery is worth 5 percent of the arm. In Illinois, an arm is valued at 253 weeks. 5 percent of the arm equals approximately 12.5 weeks. 60 percent of your average weekly wage is multiplied by the 12.5 weeks to come up with the settlement value.

The problem is that AMA guidelines usually result in a low impairment value.

What the insurance company does not tell you is that AMA ratings are only one factor in determining settlement value in Illinois.

The real value of the injury with surgery may be closer to 20 percent of the arm.

This is four times the value the insurance company has offered you.

As you can see, relying on the insurance company alone may result in a very low settlement for you that is not close to true value.

Make sure that you talk with an experienced Illinois Work Comp lawyer before you settle your case.

It will not cost you anything upfront. All Illinois Workers’ Compensation lawyers are paid on a contingent fee basis, and they will be able to tell if you are being made a fair offer.

Questions about your work injury case? Feel free to contact Illinois Workers’ Comp Attorney Dirk May with Williams and Swee at 309-827-4371.

Illinois Workers’ Compensation and the Future

There is a new Governor in town and he has come out of the gate with one of his first proposals and it is to change the Illinois Worker’s Compensation law.

This is not really surprising because he campaigned as a business friendly guy and his supporters hate the current Work Comp system.

There are no bills introduced with specific language describing the proposal in detail.

However, the outline of the Governor’s proposal involves requiring the major cause of the injury to be work related instead of an aggravation of a pre-existing condition, and making value of the case depend on a doctor’s rating.

The practical impact of these ideas is that it will reduce the number of injury cases that will be accepted and it will dramatically reduce the value of settlements.

These proposals will not effect work injuries that have already happened.

And just because the Governor makes these proposals does not mean it will become law.

The House and Senate must vote on these proposals and pass them into law.

The real question is whether the majority of Democrats in the Illinois Legislature will trade away the interests of injured workers for something they want, such as a tax increase?

The next 6 months or so will reveal whether there will be any Work Comp changes and to what extent.

I will keep you updated.

Questions about your work injury case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-872-4371.

Illinois Work Comp and Doing the Right Thing

You can help yourself a lot in your work injury case if you do the right thing early in the case.

First of all make sure that you file an accident report as soon as possible. This will make it clear that your accident happened, when it happened, and what body parts you injured.

Second, go to a doctor as soon as possible. Delay will give the insurance company an argument that you were not injured or you were not injured badly.

Third, tell all medical personnel that your accident was a work injury, how you were injured and what body parts you injured. This will prevent the insurance company from arguing that you were injured at home, away from the job, or that you have no idea how you were hurt.

Fourth, follow your doctors treatment recommendations. Workers’ Compensation insurance companies will use failure to treat against you and argue that you are the cause of your condition getting worse.

Fifth, do not do anything beyond your work restrictions. Many Work Comp insurance companies will hire investigators to follow you and video tape your activities at home and around town. Videos of activities that show you dancing when you have a back injury, or working on your roof will severely damage your case.

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