Work Comp Offers in Illinois

When you do not deal with Workers’ Compensation cases on a regular basis it is hard to understand what is a good or bad offer.

This is to be expected. The Work Comp insurance company does this all the time and has many lawyers and claims adjusters who work for them.

You have to be careful when dealing with these powerful insurance companies and carefully examine what is being offered to settle your case.

Once you settle your case it is over and you cannot get any additional money or any more medical treatment.

The Illinois Workers’ Compensation Act provides you three rights: the right to payment for medical treatment, the right to payment for the time you are off work, and the right to payment for the injury itself.

The settlement offer should pay your medical bills, your time off work pay, and a fair payment for your injury.

The offer is based on your average weekly wage for the 52 weeks before your injury. So people with a lower paying job will receive a lower settlement than higher wage earners with the same injury.

There is no harm in having an experienced Work Comp lawyer review your settlement. It will not cost you anything. A lawyer is only paid on a contingency basis for any increased settlement offer above the Workers’ Compensation original offer.

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

RSD and Work Comp

Reflex Sympathetic Dystrophy or RSD is a disorder of the sympathetic nervous system.

The sympathetic nervous system regulates heart rate, blood vessels, and blood pressure.

Symptoms include chronic, severe pain.

RSD can occur in different parts of the body, including legs, arms, hands or feet.

The skin over the affected area may swell and become inflamed and sensitive to touch and temperature changes.

The cause of RSD is not completely understood. However, it appears to be related to injury to the nerves, trauma, infection, or as a result of surgery.

Treatment includes a combination of drugs and nerve blocks.

RSD develops in Workers’ Compensation cases after a traumatic injury or after surgery.

RSD is often controversial. The insurance company will try to find a doctor who will provide the opinion that the cause of the injured worker’s RSD is not related to the work injury.

The injured worker will have to have a treating doctor who testifies that the RSD developed as a result of the work injury.

RSD complications may linger and affect you for many years. It will not be easy to settle your case. On the other hand, a trial may not help you much either because it does not really address long term treatment.

However, if you cannot get a decent settlement offer you may have no choice but go to trial.

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

Your Doctor and Social Security Disability

Your doctor is very important in your Social Security Disability case.

What your doctor writes in your medical reports can make the difference between winning and losing.

The reason is that the Administrative Law Judge looks closely at your records and compares your testimony to what is contained in the records.

The major area of concern for Social Security Disability is how you function in daily activities.

This includes the ability to sit, stand, lift, walk, reach, handle and finger, and focus and concentrate.

You should explain to your doctor how your condition affects your ability to stand and walk. How long can you stand and how far can you walk. Why is it difficult for you. What happens after you reach the limit of standing and walking. For instance, does your back send shooting pains down your leg, or do you have back spasms.

How much can you lift? What happens to you when you lift more than 10 pounds?

Do you have to get up and move around after 30 minutes? Why and what part of your body causes this problem?

Do your hands and arms go numb and tingle? Does this make it so you drop glasses or other items? Is it hard to keyboard?

Is it hard to reach at all levels because of shoulder or elbow pain?

Is your focus and concentration off because of pain or depression?

Make sure that you tell your doctor about these limitations and how your body reacts.

This will help your case and reinforce your testimony at trial.

Questions about your Social Security Disability case? Feel free to contact Illinois Social Security Disability Lawyer Dirk May with Williams and Swee at 309-827-4371.

What Is My Work Comp Case Worth?

In Illinois Workers’ Compensation cases are based on 60 percent of your average weekly wage the year before you were injured times a certain number of weeks.

The law provides each body part is worth a total number of weeks. Such as the back is worth a total of 500 weeks. A leg is worth 215 weeks. The arm is worth 253 weeks.

If you settle for, or are awarded 10 percent of the back you are entitled to 50 weeks at 60 percent of your average weekly wage.

In some states you receive a certain percentage or number of weeks for a specific injury. Illinois does not have anything like this.

Usually injuries that result in surgery will have a higher value.

Injuries that result in permanent restrictions also have higher value.

No one can tell you the value of your case if you are still treating. You will not be allowed to settle your case until your treatment is completed or you reach maximum medical improvement ( this means that you are as good as you are going to get).

Some cases should be settled when you receive a fair settlement and you will not need extensive future medical treatment.

Some cases should be taken to trial. This may be because the offer is too low, or future medical may be needed, or the other side will make no offer.

It does not cost anything to have an experienced Workers’ Compensation lawyer talk to you about your case. This certainly makes sense before settling your case.

A word to the wise: do not listen to friends, neighbors or co-workers who tell you that your case is worth vast amounts of money. Million dollar verdicts do not happen in Workers’ Compensation cases in Illinois, and you do not get a $100,000 for carpal tunnel surgeries.

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

Do Not Try to Outsmart Yourself in Your Work Comp Case

Some people cannot help themselves.

They think that they can settle their Work Comp case on their own and save money by not paying an Attorney.

The results are usually not the best.

You are taking your chances against an insurance company with many resources and a large number of attorneys who will advise them on the best way to protect the insurance company interests.

Who is in your corner?

If you do not have an attorney you are taking a big risk that you will make all the right decisions.

I have seen insurance companies make offers that are less than half the value of the case and tell the injured worker that it will keep medical open for the future. The insurance company will justify the offer with a doctor who performs an impairment rating that is low. They do not explain that the impairment rating is only one factor in coming up with the value of your case. The insurance company does not tell the injured worker that if you take a settlement and keep medical open that you are waiving your rights to more money if condition worsens over time.

Why risk giving up a fair settlement just to save a few dollars on attorney fees.

When you look at the numbers a lawyer will get you more money from a settlement even after you pay the attorney fees.

Attorney fees are only charged on anything recovered over the written offer. This protects the injured worker.

You owe it to yourself to at least speak with an experienced Workers’ Compensation lawyer.

Feel free to give Dirk May with Williams and Swee a call at 309-827-4371.