Insurance

Showing up is Important

Dirk May Help, Insurance, Medical, Workers Compensation, Workers Compensation Commission

Someone famous once said “90 percent of life is showing”. This applies to Illinois Workers’ Compensation too.

If you do not file an application, you cannot get Work Comp benefits.

It does not cost anything to file.

No attorney fees unless you win, and they are limited to 20 percent of what you recover.

You never know what the Judge will do. You cannot recover or settle until you file. And if the insurance company does not offer anything you can only recover if go to trial.

You never know what witness will say under the pressure of trial.

The bottom line is show up and be prepared; life is always surprising.

Cannot Work Anymore?

Dirk May Help, Insurance, Law, Medical, Workers Compensation, Workers Compensation Commission

If you were injured at work and cannot work for the rest of your life, then you must prove it.

In Illinois, the injured worker has the burden of proof.

Usually the only way to prove you cannot work anymore, in addition to showing all your medical problems, is to do an exhaustive job search.

It can take 4 to 6 months, sometimes longer, to look for a job and record the results.

This will take time and energy but it will be worth it if you can no longer work and are awarded lifetime benefits.

What if there is no Work Comp Insurance?

Dirk May Help, Insurance, Law, Medical, Workers Compensation, Workers Compensation Commission

In Illinois, it used to be that if your employer did not have Work Comp insurance then you were out of luck.

The law requires almost every employer in Illinois to have Workers’ Compensation insurance. However, there are unscrupulous firms who do not pay for Work Comp insurance.

The good news is that there is a State Fund that pays for injured workers whose employer did not have work comp insurance.

The bad news is that the fund does not always pay out 100% of the benefits due and owing. It depends on how much is in the fund. The other bad part is that it can take several years to pay out.

In any event some money is better than zero.

Questions about your employer not have Work Comp insurance? Call Illinois Attorney Dirk May at 309-827-4371.

They Can’t Do That! Can They?

Dirk May Help, Insurance, Law, Medical, Workers Compensation, Workers Compensation Commission

The Workers’ Comp Insurance Company stops paying you.

The Work Comp company will not authorize your surgery.

Can they do that?

It is easy to say no. Especially if you are an Insurance Company.

In Illinois, the Work Comp insurance company can stop paying you and deny your treatment if they have a reason. That does not stop them even if they do not have a good reason.

The only way to fight back is to go to trial to get your benefits restarted, and to order them to pay for your medical treatment.

This will take time and it will be painful waiting because you will need to take your doctor’s depositions. The doctor’s schedule is usually booked several months in advance. The other delay will be the Insurance Company doctor’s deposition. That will also have to be scheduled.

Finally, the trial must be scheduled. This is time consuming, but it is the only way to force the Insurance Company to pay.

Please call Illinois Workers Comp Lawyer Dirk May at 309-827-4371 with your questions.

What about Settlement Payment?

Dirk May Help, Insurance, Law, Settlements, Workers Compensation, Workers Compensation Commission

You cannot be paid a Workers’ Settlement in Illinois until you have a settlement contract.

Most of the time the Insurance Company attorney writes up the settlement contract. This may take some time. After the contract is completed and signed it must be approved.

The Arbitrator must approve the contract. This can be done in person at Workers Comp docket site, or through the mail.

Upon approval, the Insurance Company attorney sends it in for payment.

Payment is usually sent out from 2 to 6 weeks after the Workers’ Compensation company receives the approved contract.