Insurance

Expectations for Illinois Workers Comp in 2009

Dirk May Insurance, Law, Settlements, Workers Compensation

With economic uncertainty and political uncertainty in Illinois, it is probably safe to project the following for 2009:

  • Workers Comp insurance companies will be even more stingy with settlement offers. They want to keep as much money for themselves as possible.
  • Workers Comp insurance companies will tell their lawyers to appeal more cases. You may win your trial but when the insurance company appeals it will take another 1 to 1.5 years for the case to be decided. The insurance company will get to keep your money while the case is on appeal.
  • Jobs will continue to disappear and be scarce. Some companies will try to intimidate injured workers so that they will not file for Workers Compensation benefits.
  • Politics will have some impact on the Illinois Workers Comp law and the interpretation of the law. The Governor may soon be impeached. This will possibly open the door to a new Chairman, new Commissioners and may trickle down to new policies governing Arbitrators.

Questions about future developments, or what goes on in Illinois Workers Compensation cases? Call me, Attorney Dirk May at 309-827-4371.

Do Not Be Afraid of Your Trial!

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

Many people are afraid of a Workers’ Compensation trial. They settle their case because they do not want to testify.

There is really nothing to fear. True, you will have to speak in public but it is not that painful for several reasons:

  • There is no jury. Only the Arbitrator or judge makes the decision in your case.
  • Few people will be present. The Arbitrator, the court reporter, the insurance company attorney, your attorney and yourself, and any witnesses.
  • You will go through the potential questions with your lawyer before the trial.
  • The Arbitrator wants to hear your story. That is the Arbitrator’s job. Just tell the truth and it will be fine.

I would be glad to talk with you about your case and whether you should go trial or not. Call Illinois Attorney Dirk May at 309-827-4371

Your Choice

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

Ultimately, in Illinois Workers’ Compensation law there are only two ways to end your case. You must settle or have a trial. The decision is your decision alone. In other words, the insurance company cannot tell you what to do and your lawyer cannot tell you what to do. 

The vast number of Workers Comp cases settle in Illinois- anywhere from 90% to 95%. You should settle your case if your medical bills are taken care of and you do not think you will need future medical treatment, and you are offered fair value. The value of your case depends on your wage, and the facts (clear accident?, medical opinions, medical treatment, and restrictions).

Sometimes you will not receive any offer. This makes your decision easy. You must go to trial if you do not receive an offer.

The most difficult decisions are when there is a disputed part of your case, such as a whether part of your medical treatment was related to the work injury or an unrelated cause, and the offer is less than full value. At that point you must weigh the offer versus the odds of winning more money at trial. Trials and appeals also take longer. So you may also be waiting several years for your money .

The decision is not always easy, but you must decide and be willing to live with your choice.

Questions? Please feel free to call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

When Not to Settle!

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

Do not settle your Illinois Workers Compensation case unless you are sure you will not need any future medical treatment.

This is the time of year that insurance companies want to settle Workers Compensation cases and close out their liability for the year.

Do not be fooled. The Workers Comp insurance companies are not looking out for your best interests. They are only concerned with their bottom line.

Once you sign the settlement contract and it is approved you will have no further rights for future medical treatment.

You must insist on a trial if think you will need future medical treatment related to your work injury.

Questions? Concerned? Need advice? Call Illinois Workers Compensation Attorney Dirk May at 309-827-4371 representing injured workers throughout the State of Illinois.

More Settlement Problems

Dirk May Insurance, Law, Settlements, Workers Compensation

I was at another Illinois Workers Compensation Docket this week and heard some Insurance Company lawyers laughing about injured workers without lawyers who received low settlements. 

The problem is that the Insurance Company Adjusters want to settle the case for a low amount as possible. They have nothing to lose if the injured worker agrees to a low settlement. The only person who can stop a Workers Compensation Settlement is the Arbitrator. However, the Arbitrator can be distracted at the time she is reviewing the contract, or may not read all of the medical records presented, or may not be presented with the proper records. The worst thing that can happen with a low offer is that the Arbitrator will tell the insurance company lawyer to go back and get more money.

I feel bad for those people who have accepted an unfair Work Comp settlement. An attorney cannot take a fee on a written offer that has been made to you, the lawyer can only take a fee on the increased amount he recovers for you.

If you have questions about your Illinois Workers Compensation offer please call Attorney Dirk May at 309-827-4371.