Settlements

Illinois Work Comp Settlement Information

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Keep in mind the following facts when deciding whether to settle your Workers’ Compensation case.

When you settle your case it is over.

Very few insurance companies will include open medical in the contracts.

They want to close out the claim entirely.

So make sure that your medical treatment is complete.

Otherwise you will have to pay for it, or your insurance will have to pay for future treatment.

You are entitled to a settlement for your claim unless it is a very minor injury.

You are entitled to payment of your work injury related medical bills.

You are entitled to payment for your time off work.

The fact that you filed a Workers’ Compensation case is public information.

The fact that you settled your Work Comp case is public record.

All this means is that if someone wants to call up the Illinois Workers’ Compensation Commission and ask about your case they may do so.

In Illinois, work comp settlement money is tax free. This includes Federal and State taxes. Keep a copy of the contract for your records.

If you do not like the offer from your Workers’ Compensation insurance company or you are concerned you will need future medical treatment, then you have the right to go trial.

Going to trial will protect your right to ask for future medical treatment.

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

Hand Injuries and Workers’ Compensation Claims

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Finger and hand injuries are not usually high value injuries in Illinois Work Comp cases.

The reason is that the total number of weeks for fingers and the hand is on the low side.

The typical finger injury involves a fracture or an amputation.

The typical hand injury is a fracture or carpal tunnel syndrome.

If you have a finger or hand injury with a good recovery the value will be on the lower end of the scale.

Complications will cause the value to increase.

For example, if you have a finger injury or amputation that makes it difficult to grip or make a fist then the case takes on a different dimension.

We use our hands most of the time for almost every job.

Restrictions on the use of the hand will result on increase in settlement value.

Finger injuries can turn into a settlement based on the hand.

Hand injuries with restrictions may turn into much more.

Do the hand restrictions keep you from working your old job?

Do the hand restrictions keep you from working any job?

If you lose earning power due to your hand injury your settlement should be based on this.

Questions about your injury settlement value? Feel free to contact Illinois Work Comp Lawyer Dirk May at 309-827-4371.

Workers’ Compensation and Social Security Disability

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If you have a Workers Compensation case and have filed for Social Security Disability you need to let your lawyer know about it.

The amounts you receive from a Workers’ Compensation case may have an affect on what you will receive from your Social Security Disability benefits.

This is called a Workers’ Compensation offset according to Social Security regulations.

It means that a Work Comp settlement or award will be reviewed by the Social Security Administration to see if your benefits will be reduced.

For example, I have seen cases where an injured worker received $100,000 from a Work Comp settlement and this reduced their Social Security Disability benefits from $1400 a month to $200 a month for years.

Another example is when you receive temporary total disability benefits from the Work Comp insurance company it will most likely reduce your Social Security Disability benefits.

You may be able to protect your Social Security Disability benefits if you insert special language that is acceptable to Social Security in your Workers Compensation settlement contract.

This is why you must tell your Workers’ Compensation lawyer if you have filed for Social Security Disability.

Above all do not sign a Work Comp contract that says you have not filed for Social Security disability benefits if you have applied. This is fraud.

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