Insurance Company Offers

What if you do not like the Insurance Company offer?

Tell them you do not think it is fair, but make sure you give solid reasons. They may just listen to you. 

Remember, they are discounting the offer some what. Especially if you do not have a lawyer. The attorney fee is 20% so they figure you are saving 20% upfront.

If you have a lower wage this will make the value lower. The wage is based on the 52 weeks before your injury. 

The insurance company’s motivation is too close out any additional medical treatment. That is usually the biggest part of most claims. If you can point to future medical you may need, then they may increase their offer.

Any questions about Illinois Workmans Comp offers call Attorney Dirk May at 309-827-4371 for a no obligation discussion.

Work Comp Settlement Problems

In Illinois Workers Compensation cases, settlements are about more than money. 

Settlements also cover medical bills and close out future medical treatment.

Recently, an insurance company lawyer told me he had a pro se , a person who was not represented by a lawyer, with a settlement contract approved. The problem: the medical records showed he had continuing knee problems and the doctor said a total knee replacement would be needed at some point. The Arbitrator over looked this and approved the contracts. This results in the person never having access to future medical treatment for his knee. 

You must be very careful when settling your Work Comp case. No one is going to look out for you. Not the insurance company, not the Arbitrator. If you think you are going to need future medical treatment you need to discuss this with a lawyer.

Questions? Call Attorney Dirk May at 309-827-4371.

Insurance Company Secrets

A Worker’s Compensation lawyer once told me that if he had a family member who had a back injury he would not counsel him to settle his case. He would instead tell him to go to trial.

The reason is that back injuries are complicated and can result in life long problems.

The settlement contract closes out all future medical treatment for the back.

The only way to leave open the possibility for future medical treatment for your back is to have a Workers’ Compensation trial. The trial is not as scary as it seems. It is nothing like you see on television. There is no jury and it usually lasts less than 1 hour.  The only people in the room are the Arbitrator, a court reporter and the lawyers. Sometimes a company representative is also present.

If an insurance company lawyer is worried about future medical problems, shouldn’t you be?

5 Ways to Help Your Workmans Comp Case

  1. Go to your own doctor if you can. Sometimes the insurance company or your Employer will send you to their own doctor. You may need a second opinion. So the sooner, the better.
  2. Give the doctor a description of your accident in writing and in your own words. This will make sure that everyone knows it is work related.
  3. Give notice of your accident to your employer as soon as possible. This will make your life much easier later on.
  4. Treat with your doctor on a consistent basis. If you stop treating for a period of time and then go back to the doctor with more problems it raises red flags with the insurance company. Also get your doctor to provide you with off work slips at every visit.
  5. Do not settle until you are sure you are completely healed. If there is any question error on the side of caution. Once you settle, the case is over. No do overs.

Any questions call your Workers Compensation Attorney Dirk May at 309-827-4371; for Bloomington, Peoria, Springfield, and Champaign, Illinois.

Why don’t I have a settlement offer?

There may be many reasons that the Insurance Company has not made an offer to settle your Workers’ Compensation case, but just a few may be:

  • The insurance adjuster is lazy and has not taken the time to contact you
  • you did not provide a history of accident at work to your doctor
  • you are still receiving medical treatment
  • you have an unusual condition that is not readily connected to your work
  • the insurance adjuster hopes you will forget that are entitled to a settlement

If any of these reasons apply to you or you are wondering what is up with your Illinois Workman’s comp case give lawyer Dirk May a call at 309-827-4371.