Settlements

Back Surgery and Workers’ Compensation Claims

Dirk May Insurance, Medical, Settlements, Workers Compensation

Back injuries are a big deal in Workers’ Compensation claims.

The reason is that back pain can easily become chronic and bother you for many years.

The most important thing to do with a back injury is make an accident report immediately. This will insure that the employer does claim that you were injured somewhere outside of work.

It is also important to go to a doctor as soon as possible and report that you were injured at work and how it happened.
If you delay getting treatment, the insurance company may argue that your injury was not that bad because you waited too long.

In the situation that you must have surgery you will most likely need some weeks for recovery and physical therapy.

You cannot settle your case until you have recovered to the point of maximum medical improvement (meaning this is as good as you will get).

In back surgery cases especially, you must be very careful when settling your case.

Once you settle all future medical treatment will be your responsibility.

This means your medical card or own health insurance will have to cover the treatment.

Usually the only way to avoid this is to have a trial to leave open the possibility of access to future medical treatment.

If you have surgery for a back injury make sure that you consult with an experienced Illinois Work Comp attorney.

Questions about your case? Feel free to contact Illinois Worker’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

Back Injuries in Illinois Workers’ Compensation Cases

Dirk May Medical, Settlements, Workers Compensation

Back injuries are a major reason that people file for Workers’ Compensation benefits.

Disc herniations, aggravation of spinal canal narrowing, nerve impingement, and spinal fractures as a result of traumatic injuries are the main problems that result from back injuries.

These conditions may result in the need for disc surgeries, implants or fusions.

Complications such as arthritis and accelerated degenerative disc disease, may result and cause severe pain and interfere with activities of daily living.

It is important that you are able to show objective evidence of these conditions through MRIs, CAT scans, Xrays, operative reports or other diagnostic tests.

Ongoing pain treatment is also a sign that you are having chronic problems.

This may include seeing a pain management doctor, taking strong pain medications, wearing a pain stimulator, or having nerves burned.

Prescriptions for a brace, cane or walker will also show that you are having mobility problems.

Consistent problems with pain and side effects from medications interfering with concentration and staying on task may interfere with your work activities.

If you experience some of these symptoms you should be very careful before you settle your case or close out your medical rights.

Questions about your Illinois Work Comp case? Feel free to contact Illinois Work Comp Attorney Dirk May with Williams and Swee at 309-827-4371.

What Is The Most Important Part of Work Comp?

Dirk May Lawyers, Medical, Settlements, Workers Compensation

The most important aspect of an Illinois Workers’ Compensation case depends on your circumstances.

Your are entitled to 3 main rights pursuant to the Illinois Workers’ Compensation law.

You are entitled to medical care related to your injury.

You are entitled to time off work pay related to your injury.

You are entitled to a settlement or award based on your injury once you have finished your treatment.

I spoke with an injured worker recently who was receiving payment from the insurance company while off work, but he was not getting his medical treatment approved.

In his case the money was important to have, but he was not getting any better and he was in pain.

Clearly, for this injured worker the most important thing to him was getting back to work and living a normal life.

He needs immediate care before the damage becomes permanent.

For some people once they have the medical care taken care of, they want the settlement as fast as possible so they can get on with their life.

For other people getting the off work check is of major importance.

Everyone has different goals and needs.

You often need an experience work comp lawyer who can help you decide what is most important to you and the best way to get there.

Questions about what to do with your work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

Settlement or Trial in Illinois Work Comp Cases

Dirk May Settlements, Workers Compensation

The most important thing you need to decide in many Workers’ Compensation cases is whether to settle or go to trial.

If the insurance company refuses to settle your case, then you have an easy decision. You must go to trial or drop your case.

If you believe you will be in need of future medical treatment, then you must also take your case to trial to ensure that the insurance company will have to pay for it.

The problem is the situation in which you feel like you will not need future medical treatment and you receive an offer.

If you do not like the offer the only alternative is to take the case to trial.

You must understand that the offer goes away if you try the case.

The arbitrator’s decision is what stands whether it is above or below the settlement offer.

Either side may appeal the arbitrator’s decision.

An appeal will also prolong the case. Sometimes for a year or more.

You must also understand that the Arbitrator can deny your case and rule that you are entitled to nothing.

It is important to look at your case without emotion, which can be difficult to do, because it is your life and you may have a lot riding on the case.

Does the insurance company have defenses to your accident? Is your doctor weak on the connection between your condition and the work accident?

If your case has problems, then it may be better to settle it and get some money instead of getting nothing.

Questions about your work injury? Feel free to contact Illinois Work Comp Attorney Dirk May with Williams and Swee at 309-827-4371.

Why is my Work Comp Settlement Offer So Low?

Dirk May Settlements, Your questions

 

Why does the Workers’ Compensation insurance company refuse to pay you a large settlement on your work injury claim?

In Illinois, the value of your settlement is based on your wage for the 52 weeks before you were injured.

This means that your settlement will be smaller if you only worked part-time or if you earned minimum wage.

People who are high wage earners will have higher settlement offers in most instances.

Sometimes the insurance company is refusing to pay a large settlement because it believes your case is weak. Maybe there is a defense they believe they have. Such as an injury that happened at home after your work injury that has made your condition worse.

If you have had limited medical treatment, then the Work Comp insurance company will reduce the value of your case.

If you have no restrictions as a result of your injury, then the insurance company may decide to reduce the value of your settlement.

In some cases the Workers’ Compensation carrier is trying to take advantage of you.

In the event you have received an offer that you think is unfair, then you should ask an experienced Workers’ Compensation lawyer what they think. This will not cost you any money.

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