How is the Workers’ Compensation Settlement Determined?

Injured workers in Illinois are entitled to 3 rights.

  1. Payment of medical bills for related treatment.
  2. 66 percent of your average weekly wage for the time your doctor has you off work.
  3. 60 percent of your average weekly wage for the value of your permanent partial disability, this is often referred to as the settlement.

There is no pain and suffering damages for workers’ compensation in Illinois.

There is no schedule of benefits for certain types of injuries; some states mandate payment of a certain amount of money for a broken leg, for instance. Illinois does not do this.

An example is that a herniated disc in the lumbar spine, without surgery, may be worth 10 percent of a person.

The Illinois Workers’ Compensation Act says your back is worth a total of 500 weeks. 10 percent equals 50 weeks.

Assume a person earned $500.00 a week for the 52 weeks before they were injured. 60 percent of $500 equals $300.

50 weeks times $300 equals $15,000.

As you can see the value of your settlement will vary dramatically based on your wage.

There is also a minimum and maximum rate used in calculating your permanency rate.

Questions about your Work Comp injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

 

What to do in Case of Work Injury

Keep this list in your wallet so that you have it ready for yourself or a co-worker or friend in case of injury.

    1. Go to the doctor immediately.
    2.  Complete an accident report as soon as possible. Keep a copy for yourself.
    3. Tell your supervisor about the accident.
    4. Tell the doctor about every body part that you injured.
    5. Tell the doctor how you were injured at work.

Following these simple steps will strengthen your work injury case and keep the insurance company from denying your benefits.

If the Workers’ Compensation insurance company wants to take a statement from you regarding the accident, call a Work Comp lawyer right away. The insurance company can use any statement you make against your interest.

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

Health Care Policy and Marketplace Review

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What happens to health insurance and Medicaid will make a large impact on many people who are applying for Social Security Disability and SSI. This is the only way a large number people are able to receive medical treatment, and without proper treatment their disability case will be denied. The reason is that Social Security bases almost all of its decision on the medical records. Therefore, little or no medical treatment means no Social Security Disability for the people who do not have access to health insurance.

SSD, Drugs and Alcohol

No, SSD, Drugs and Alcohol is not a slogan or a song.

But it is a very important warning.

Social Security rules prohibit drug and alcohol abuse.

Many times Social Security will deny a person benefits even when they have serious health issues, if there is drug or alcohol abuse.

You must stop using street drugs or abusing alcohol if you want to win your Social Security Disability case.

Social Security will recognize your attempts to seek alcohol and drug treatment.

This can be through an individual counselor or a clinical treatment program.

Do not give up if you have a history of drug or alcohol abuse.

Seek treatment and ask for testing so that you can prove you are now clean.

Social Security will recognize medical cannabis if you have a legitimate doctor’s order pursuant to Illinois law.

Remember if you cannot work because of your condition, then you must make sure that you have the strongest possible case to present to Social Security.

Questions about your Social Security Disability? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

Make Sure You Do This to Help Your Work Injury Case

The biggest problem that will sink a Workers’ Compensation claim is the lack of documentation at the time of the injury.

This means things like medical reports that do not include information on the work injury, such as how it happened and what body parts were injured.

Medical reports that say “no known cause of injury” will destroy your case.

The medical reports should record “fell at work and injured his knee and back” to help your case.

Go to the doctor right away.

Waiting to go to the doctor will kill your case.

The other problem is no accident or injury report completed at the time of injury.

Make an accident report immediately.

Be sure that you keep a copy of the report so it does not mysteriously disappear when you need it.

Keep track of the names and contact information of any witnesses to your work accident.

Trials usually do not happen until several years after your injury so witnesses may disappear.

Following these tips will take away many of the defenses Workers’ Compensation insurance companies use to defeat work injury claims.

The Arbitrator assumes that if you were injured on the job there will be a paper trial proving how the accident happened and what body parts you injured.

Make it easy on yourself and the Arbitrator to rule in your favor.

Questions about your work injury? Feel free to contact Illinois Work Injury Lawyer Dirk May at 309-827-4371.