Settlements

Can a Workers’ Compensation Insurance Company make an offer and then take it away?

It does not happen very often but offers can be taken back.

Most insurance companies want to settle the case so they do not mess around and rescind or take back offers.

Insurance companies may also tell you that the offer is good for a limited amount of time.

You can always counter the offer the insurance company makes, but they are not required to respond.

In other words, the work comp insurance company may tell you this is as much as we will pay you.

It is also important to remember that offers cannot be held against the insurance company.

This means that if you reject the work comp insurance company offer and go to trial and the judge rules that you get less money than the original offer, then you cannot back to the insurance company and tell them you want the offer. Too late.

It is important to have a realistic view of your case.

This will help you know if the offer from the insurance company is fair, or whether you are leaving something on the table.

Questions about your work injury and its value? Feel free to contact Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.

Most Illinois Work Comp cases can be settled after you are done with your medical treatment.

However, there are some cases where you have ongoing problems and may need future medical treatment.

Examples are surgical hardware that may need to be removed.

Or some expensive medication that is required for your ongoing treatment.

You can try to settle with the insurance company and ask for future medical treatment to be covered.

But many insurance companies will not agree to this.

The problem is that when you settle the case is over and you will have to pay for any future medical on your own.

Some options are to wait to settle until you have all your surgeries.

Or you can ask for money in the settlement to cover the future medical.

If you have a trial of your case and you win, then you are automatically entitled to payment of future medical bills that are related to the original injury.

Enforcing the future medical is not as easy as it sounds.

The Work Comp insurance company has the right to argue that your future treatment needs are not related to the original injury or that you no longer need the medications you are taking.

This process can take some time to get the evidence required to win your case again.

Questions about when to settle your case and what is a fair settlement? Feel free to contact Illinois Work Comp Lawyer Dirk May at 309-827-4371.

There is no law in Illinois that requires you to have a Work Comp attorney.

But you may find that an experienced Workers’ Compensation lawyer is helpful.

The reason is that some Workers’ Compensation insurance companies will not make you an offer unless you get an attorney.

Some insurance companies will give you a low offer just to see if you will take it and because they know you do not have a lawyer.

The insurance companies also know that you have no leverage if you do not like their offer.

Some will take the position that if you do not like the offer: too bad.

They know that if do not take the money, then your claim will expire at the end of the statute of limitations and you will get nothing.

The advantage of having a Work Comp lawyer is that they can tell you if the offer is fair.

A Work Comp lawyer can also threaten to go to trial.

This often brings the insurance company back to the negotiating table.

I will be glad to let you know if your offer is fair, and work to increase the value of the insurance company offer.

Remember your initial written offer is protected from any attorney fees by law.

In other words, fees apply only to the amount the offer is increased above the written offer.

Questions? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

The Adjuster’s job is to close out your case on the most favorable terms for the insurance company.

The adjuster will often make you an offer and then tell you they do not have any more money.

The truth is that an adjuster almost never puts out their final offer at the start.

Another trick is to tell you the offer they made is only good until a certain date.

The truth is that an offer may be withdrawn at any time. However, the adjuster will not take away an offer if they think they can get the deal down within their settlement range.

Recently adjusters have been telling injured workers that if they ask for money and do not settle they will send them to see a doctor.

The purpose is get an AMA impairment rating.

This is one factor that the new Illinois Workers’ Compensation law allows the Arbitrator to consider.

The AMA rating is almost always very low.

For instance, traditionally a carpal tunnel surgery is worth around 15 percent of the hand. An AMA rating would probably value carpal tunnel at 1 percent.

The truth is that AMA ratings are only one of the factors Arbitrators look at.

The adjusters do not necessarily want to send you to a doctor because it costs them additional money that they have to pay the doctor out of the insurance company pockets.

Remember, everything is negotiable and the insurance company wants to close out your case.

Questions about settling your case? Feel free to contact Illinois Work Comp lawyer Dirk May at 309-827-4371.

The reason was that a hernia was not a permanent injury.

This is not correct.

You are entitled to a settlement for most injuries.

Maybe not for a bruise or an ankle sprain that resolves without treatment.

But Illinois Workers’ Compensation law provides that you are entitled to permanent partial disability payments for an injury that is related your work and has some type of long term effect.

Another insurance company tactic is to ignore the settlement offer.

In other words they pay for the medical bills and time off work, but they neglect to may a settlement offer.

The insurance company is hoping that you will not ask for a settlement.

This saves them money.

Multiplied by hundreds of cases this adds up to big money.

You need to keep your eyes on the settlement offer. Otherwise you will become part of the insurance company savings plan.

If you are not getting an offer, then you need to contact a Workers’ Compensation lawyer and start working on getting an offer from the insurance company adjuster.