Illinois Work Comp Attorney

Work Comp and Social Security Disability- Can You Get Both?

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There are times when you may be able to file for Illinois Workers’ Compensation and apply for Social Security Disability at the same time.

With most work injuries you are able to get your medical treatment, get back to work, and get your settlement.

And sometimes the condition that prevents you from working has nothing to do with a work injury.

However, in some cases you suffer a work injury and are unable to return to your past work or any other type of work.

When this happens you have the option of filing for Workers’ Compensation and applying for Social Security Disability.

You must be careful that when you reach a settlement for your Workers’ Compensation claim that you include language to protect yourself to the fullest extent possible regarding Social Security’s offset against Work Comp payments and future medical needs. You should contact an experienced Workers’ Compensation lawyer to make sure that this is done correctly.

Filing a Workers’ Compensation claim must be done in a particular way. This should also be reviewed by an experienced Illinois Work Comp attorney.

You may file a Social Security Disability application online. It is recommended that you ask an experienced Illinois Social Security Disability lawyer to help file the application. You must be careful in the way you complete the disability application and when you answer questions Social Security asks you regarding your condition and your past work.

When you have a serious injury that is keeping you from working make sure that have an experienced lawyer help you with both applications.

Feel free to contact Illinois Social Security Disability Attorney and Work Comp Lawyer Dirk May with Williams and Swee at 309-827-4371 to discuss these important matters.

When Does It Make Sense to Settle Your Work Comp Case?

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The most important aspect of your Illinois Workers’ Compensation Case is knowing when to settle your case.

Like the old song goes “you gotta know when to hold ’em and when to fold ’em”.

Or as it was said in an Indiana Jones movie “choose wisely”.

I have seen people make bad choices because they were either greedy or they thought someone owed them something, or because they felt like they were being treated unfairly.

There is another old saying “hogs get slaughtered; pigs get fed”.

Another thing to remember: the law is not perfect. It is not made to resolve every injury perfectly. There were a number of trade offs made in passing the Illinois Workers’ Compensation Act. The result is an imperfect law with imperfect remedies for imperfect people.

I once had a law school professor who emphasized with a passion that the law is not fair.

If you are looking for fairness you will not find it in the Illinois Workers’ Compensation Act.

You must make the best settlement possible considering the law and the facts in your case.

Do not make a risky bet a perceived high dollar outcome and let a good settlement in hand get away.

Going to trial in a high risk case to get lots of money is foolish and usually results in bitter disappointment when you receive a minimal value or zero verdict.

You should consult with an experienced Illinois Workers’ Compensation Attorney to discuss your case. Feel free to contact attorney Dirk May with Williams and Swee at 309-827-4371.

When Should I Get a Work Comp Lawyer?

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The best time to get a Workers’ Compensation lawyer involved in your work injury case is early in the process.

It helps you because there are many things the lawyer can do to strengthen and protect your case from the onset of your work accident.

Illinois Workers’ Compensation lawyers cannot charge any retainer or hourly fees. So it is to your advantage to hire a lawyer early in the process. The lawyer can only charge 20 percent of the amount they collect for you.

The lawyer will guide you in reporting your injury as quickly as possible to your employer.

You will also be reminded to seek medical treatment right away and provide a clear and complete description of your injuries and your work accident to your doctors.

The lawyer will also tell you to continue with consistent medical treatment until you reach maximum medical improvement.

Your Work Comp lawyer will negotiate a fair settlement for you or help you prepare for a trial before the Illinois Workers’ Compensation Arbitrator.

The quickest way to reach the best settlement for you is to have a lawyer who is ready to push the case forward through taking depositions of your doctor and who is ready to show the insurance company that you are prepared to go to trial.

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

Illinois Workers’ Compensation and the Election

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As a former chairman of the Illinois Workers’ Compensation Commission used to say, “Workers’ Compensation is always a pot that is being stirred.”

What he meant is that the interest groups involved in Work Comp the insurance companies, the doctors, unions, business groups, trial lawyers were constantly fighting and coming up with ideas to change they system.

Politics is the mechanism of change and it is constantly in flux.

With the election of a Republican Governor for the first time in 12 years there are lots of questions about how the Work Comp system will change.

A Governor can propose changes but only the legislature can pass laws.

Both the Illinois House and Illinois Senate are firmly in control of Democrats.

The Republican Governor and the minority party in both chambers of the Statehouse will propose a number of bills to change the Workers’ Compensation laws, however, nothing will pass without the help of Democrats.

No one can discount that some changes may pass and be signed into law but it will take much negotiating and horse trading to pass any Workers’ Compensation bill in Illinois.

The initial major action will take place in other arenas behind closed doors. Such as who the Governor appoints and the Senate confirms as Arbitrators and Commissioners.

These key Work Comp decision makers will have the more immediate impact on the Illinois Workers’ Compensation system.

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

Your Wage Matters in Workers’ Compensation

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Illinois Workers’ Compensation settlements and awards are based on your wages.

For instance a person who was injured while working a McDonald’s and earning minimum wage will receive much less than a full time union worker with the same injury.

Awards and settlements are calculated using a percentage of the injured body part.

For instance, the back has a total of 500 weeks. If you settle for 10 percent of the back you will receive 50 weeks.

50 weeks times your average weekly wage multiplied by 60 percent determines what you will receive. The 60 percent of the average weekly wage is specified in the Illinois Workers’ Compensation Act

An example of this is an average weekly wage of $500 times 60 percent equals $300. 50 weeks is multiplied by the $300. This equals $15,000.

Since your wage governs the size of the award or settlement, it is important to make sure that the insurance company has the correct amount when deciding your case.

Another important thing to remember is that if you have a second job and your first employer is aware of it, then it can be added to your average weekly wage. This will boost your average weekly wage.

Overtime can be added in at the regular rate if you can show overtime is mandatory and is worked on a regular basis.

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