Settlements

Why?

The new law allows for the use of AMA impairment guidelines.

The AMA guidelines are usually very conservative.

Work Comp insurance companies are asking Doctors to provide an AMA rating in Illinois cases and then using them to make low settlement offers.

For instance, I have heard of an injured worker who had a bad fracture of his arm and the insurance company found a doctor who issued an AMA rating of 0 percent impairment.

In the past this case may have been worth 20 percent of the arm.

Now, the Workers’ Compensation insurance carrier is offering nothing or a low amount.

The good news is that you still have arguments to support a higher settlement value.

An attorney will still be able to argue for an increased amount based on factors beyond the AMA rating.

Such as ongoing problems with your injury.

Such as changes in your activities at home due to your work injury.

Such as changes in your activities at work due to your injury.

Such as the need for more treatment in the future.

Such as the need for ongoing medications.

Most injured workers know they are entitled to medical payments related to their injury.

Most injured workers know they are entitled to payment for their time off work.

But not everyone knows they are entitled to payment for the injury itself.

This is called the settlement or permanent partial disability benefits.

I talked to a person the other day who said the insurance company told him they do not pay settlements for knee injuries that do not require surgery.

That is not the law in Illinois.

You are entitled to a settlement if you are injured and you have some lingering problems.

This includes pain.

This includes arthritis.

This includes range of motion limitations.

If Work Comp will not provide an offer, you should ask for an offer.

If you do not get an offer, then get a Work Comp lawyer.

Even if you get an offer, talk with a Work Comp lawyer to discuss the offer.

As I have written before, a Work Comp attorney can help you get a higher offer and you will come out money ahead even with a fee.

This is because there is no fee on the original written offer.

There are some good reasons not to settle your Illinois Workers’ Compensation case if you have been injured after August 31, 2011.

A new law took effect for cases after this date.

The change may make a difference in the value in your case.

It provides that AMA Guidelines may be used as a factor in determining the value of your injury.

The guidelines are very conservative.

They lower the value of your case.

There is an indication that some Workers Compensation insurance companies are making extremely low offers to injured workers.

They are hoping that injured workers will agree to the low offers and close the case.

Some arbitrators have approved the low settlements.

This is because no one truly know what the value of the case at this stage of the game.

Be warned; do not settle your case till you talk to an Illinois Work Comp Lawyer about the offer.

As I have written before, the original written offer is not subject to attorney fees so you have nothing to lose.

In Illinois, you must complete your treatment for the work injury before you can settle.

This means that your medical tests are over.

The surgery is done.

The therapy is completed.

The doctor releases you, or you stop going to the doctor.

You may continue to take medication for the condition, and settle your case.

The most important thing to remember is that when you settle your case it closes out any future medical treatment.

So be certain you are do not need any more treatment before you settle.

Now you are ready to ask the insurance company for your settlement offer.

Want to know if the offer is good enough?