Settlements

In Illinois if you are injured on the job and you have to receive medical treatment for your injury, then you are entitled to a settlement in most cases.

Some insurance companies are either telling people that they are not entitled to a settlement, or the insurance company fails to make a settlement offer to the injured worker.

The insurance company is hoping that the injured worker will walk away and not file a work comp claim in a timely manner.

Some settlements may be small but there is at least there is some payment of money.

In Illinois the Workers’ Compensation settlement is based on the average weekly wage 52 weeks before the injury date times 60 percent. The number of weeks for the injury is negotiated between the parties.

If you are not receiving an offer, or you receive what you think is a low offer, then you should contact an experienced Illinois Workers’ Compensation lawyer to discuss your next step.

It does not cost anything upfront to hire a Work Comp lawyer. All fees are paid when you receive your money and they are limited to 20 percent.

It makes sense to have someone advising you and explaining the rules and law when you are injured because the insurance company has many lawyers and experts guiding each decision they make.

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

One of the most important things to know in your Workers’ Compensation case is whether or not you should settle.

Sometimes there is no question about what you should do.

For instance, if the Work Comp insurance company refuses to give you an offer then you have to go to trial. No question about it.

However, if you receive a decent offer then you must decide whether to accept it or go to trial.

You must honestly assess your case.

What defenses does your employer have?

Did you report your accident right away?

Did you complete an accident report in a timely manner?

Is there a gap in treatment between your accident date and your medical treatment?

Did you accurately describe your accident to your doctor, and its relationship to your work?

Did you treat consistently and according to doctor’s orders?

Did you have past problems before your accident date, or did you have accidents outside of work after your work accident?

If you have flaws in these areas they can really damage your case.

If the Workers’ Compensation insurance company gives a reasonable offer and you have problems with your case then it makes sense to settle your case.

When you have a trial the Arbitrator rules and awards you the amount she thinks is proper. Any settlement offers you may have had go away once you go to trial.

It is better to walk away with money in hand, then to go into a trial and risk everything.

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

Illinois Workers’ Compensation cases depend heavily on your medical records.

The Arbitrator spends a lot of time reviewing your records to find out about your work injury, your medical treatment and your problems and limitations.

It makes sense that what you tell the doctor will show up in your medical notes.

The Arbitrator bases part of her decision regarding the value of your case on what are your limitations and restrictions.

For instance, how long are you able to stand and walk during an 8 hour day is a crucial part of many Workers’ Compensation cases.

Lifting abilities, range of motion, and pain are also crucial.

This means that it is very important for you tell the doctor your symptoms and how your work injury affects you.

You should do this every time you go to the doctor.

Some examples:

My hands go numb and tingle almost every day. Especially when I use them a lot.

I cannot pick up small items to handle, hold or finger things.

My legs are painful and I get pins and needle like feelings when I stand more than 20 minutes.

I have to sit and rest for an hour after this.

My pain medications make me tired. I need to take a nap for 1 hour each afternoon.

My legs swell throughout the day. I have to spend much of the day elevating my legs waist height.

Remember, telling your doctor your major problems and how they limit you can make the difference between the correct settlement amount and a disappointing award or settlement.

How do you know whether your Illinois Workers’ Compensation settlement offer from the insurance company is fair?

The only way to know is to check with an experience Illinois Workers’ Compensation Attorney.

The insurance company is certainly not going to tell you that they have low balled you.

They will not tell you that your medical bills are not all paid.

They will not look out for your interests regarding future medical needs.

It will not cost you anything to have an Illinois Work Comp lawyer review the offer.

Illinois Workers’ Compensation Attorneys work on a contingent fee basis.

They can only charge you a fee on any amounts they recover for you above the written offer you were presented with from the insurance company.

The attorney will review your injury, the treatment you received, your restrictions, and your average weekly wage the year before your injury.

Having an attorney review your offer will give you peace of mind that you are doing the right thing in settling your case, and that you are not leaving any money on the table.

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