Settlements

In Illinois, the Workers’ Compensation Law provides the injured worker with a limited number of remedies.

Remedies are what type of damages you can receive.

The Illinois Workers’ Compensation Act gives you medical coverage, payment for time off work and payment for the injury itself.

If you are able to prove your case you are entitled to reasonable and necessary medical expenses related to your work injury.

Sometimes you may even get future medical payments related to your original injury.

You also are entitle to 66 percent of your weekly wage based on the year before your injury. You must have a doctor taking you off work for your injury. This payment is not subject to any taxes.

You are also entitled to 60 percent of your weekly wage times a set number of weeks based on the body part injured. This is commonly called the settlement. It is also not subject to taxation.

Payment of the settlement is not automatic.

The insurance company will sometimes “forget” to pay you a settlement.

You must request for the settlement to be paid.

If a settlement is not paid, and you have not filed the proper paperwork with the Illinois Workers’ Compensation Commission in a timely manner then you lose any rights you may have had to a settlement.

You are not entitled to consequential damages under the Illinois Workers’ Compensation Law.

This means that if you have lost your house, or car, or cannot pay insurance premiums because of your injury, then you cannot sue to recover these type of damages.

If your employer fires you because you have filed a Work Comp claim, you must file a different type of lawsuit in a different court to seek damages.

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

Why is the Workers’ Compensation insurance company making you such a low offer to settle your case?

What do you expect.

They are in the business of paying out as little as possible.

The value of the offer is based on your wage a year before the injury, the type of injury you have, the treatment you receive and your permanent limitations.

Once the Work Comp insurance makes you an offer you should ask for more money.

If they refuse, then you have a choice to seek an attorney.

Remember an attorney is only paid if you recover more money than the written offer from the insurance company.

You will need some leverage to get them the increase the offer.

A Work Comp lawyer will be able to explain to the insurance company why your claim is worth more money.

The insurance company also understands that if they have to hire a lawyer it will cost them more money to complete the claim.

Once you have an attorney there is always the threat of trial.

Insurance companies do not like the possibility of going to trial because it will cost them much more money to defend the case, and there is the potential that medical may be available to you in the future.

Do not give up after the initial offer.

Did you get everything that you are entitled to under the law?

In Illinois, you are entitled to have your related medical bills paid, payment of your time off work, and payment for your injury.

I have seen some Work Comp insurance companies who “forget” to pay the settlement or pay the injured worker for what is called permanent partial disability.

Your case is only stays open for a certain number of years in Illinois.

You must file an application of claim with the Illinois Workers’ Compensation Commission to protect your case from being barred forever.

I have seen people lose their rights to ongoing medical rights and their settlement if they do file their case in a timely manner.

The insurance company is not required to inform you of your rights so you must inform yourself and act accordingly.

Just because you tell the Workers’ Compensation insurance company that you were injured on the job does not mean you are protected.

You must actually file specific paperwork.

If you have not been paid a settlement and have not signed settlement contracts and met with an Illinois Workers’ Compensation Arbitrator, then your case is not complete.

The longer they hold onto the money the more they can use it for other things.

You should present the bills and request payment.

Make sure you check with your doctor’s office to confirm payment.

The other thing to check is that all bills are paid.

For instance, if you have surgery there will be an anesthesia charge. If there is an MRI there will be a radiologist bill. If there is an emergency room visit there will be an emergency doctor bill.

This can be tricky so you must be very careful to find all the bills.

If the insurance company does not agree to pay all the bills in the Workers’ Compensation Settlement contract, then you will have to pay the unpaid bills yourself.

If the contract lists the bills and amounts and you are wrong then you will have to pay the bills yourself.

This shows the importance of being detailed and making sure you have all the bills.

You must read the contracts carefully to make sure that you are protected.