Insurance

Work Comp Settlement Examples

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

In Illinois, Workers Compensation Settlements are not standardized. In other words, each settlement is different.

Here is an example of how a settlement is figured.

Assume that you have a herniated disk in your back, and surgery is not recommended. The doctor says that you are released from care and you can return to your job.

The Illinois Workers’ Compensation Act provides that the back is worth 500 weeks in total.

Assume both sides agree that the disk problem is worth 10% of the back. 10 percent of 500 weeks equals 50 weeks.

The last part of the settlement is your wage. The law provides that your wage is figured on the 52 weeks before you were injured.
Assume that you make $500 per week. You then must multiply your average weekly wage by 60 percent. $500 times 60% equals $300.

$300 times 50 weeks equals $15,000

As you can see, your wage makes a big difference in your settlement value.

Questions about how your wage was figured, or why the insurance company offered you a certain amount? Call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

Need Work Comp Treatment?

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

Last time we discussed what can be done if you need prescriptions for your Workers’ Compensation injury.

The other major need is medical treatment.

If Work Comp insurance will not pay for your medical treatment, the options are go to trial, have group medical pay for the treatment, or have a third party pay.

Going to trial takes quite some time. If group will pay this may be the easiest. However, if you do not have group health or it will not pay then you may have another choice.

I have had a third party who will pay for medical treatment for some of my clients. Should you need medical treatment please call me, Attorney Dirk May, at 309-827-4371.

Need Workers Comp Prescriptions?

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

Sometimes the Work Comp Insurance Company will refuse to pay for work injury related prescriptions, or delay in approving payment.

The options for the injured worker are to pay out of pocket or pay the co-pay, go without, or go to court.

Going to court takes too long in the cases of prescriptions.

Paying the co-pay or out of pocket can become expensive.

Another possibility is to have a third party pay for the prescriptions and they will be repaid at the end of the case.

I have had success with a vendor who will provide 24 to 48 hour delivery service to my clients.

Should you find yourself in the situation of needing a Work Comp prescription without upfront payment please give me, Attorney Dirk May, a call at 309-827-4371.

Workers Comp and Swine Flu

Dirk May Insurance, Law, Medical, Workers Compensation

Props to Workers Comp Insider website at http://www.workerscompinsider.com for an interesting question on swine flu and workers compensation.

From a little different angle, the injured workers perspective, swine flu may be considered an occupational disease. Most swine flu cases will not be compensable because there is no permanent damage. But if there is a severe case the question is whether Illinois Law will allow for recovery.

The main question is whether you were exposed in the course of your employment and whether you had enhanced risk of exposure arising from your employment. Some jobs meet this requirement. Such as healthcare workers, teachers, traveling employees.

The other problem would be proving how you were exposed. It may be very difficult to isolate how exactly you were infected. Was it at home, or at work?

Intriguing stuff. Just remember this, don’t enter into any pig kissing contests.

Unable to Keep Working?

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

What if you cannot work again after your Work accident?

In Illinois Work Comp Law, you may be able to get a lifetime check if you can prove you are unable to work again as a result of your work injury.

It is not enough to prove you cannot do your old job. You must show you are not able to do any job.

You can do this through your medical records and your doctor’s opinion that you unable to work and your work injury caused your inability to work.

You may also need to undergo a job search to show that your restrictions, education, work history, and age keep you from being able to work. The job search is something that will take time. You have to make multiple weekly applications for jobs over an extended period of time.

You should also request the insurance company provide you with vocational assistance, which means help finding a job, because they will have to pay someone to help you in a job search.

Questions about job searches and inability to work, call Attorney Dirk May at 309-827-4371.