Settlements

Do I have to Try the Job Work Comp Offers Me?

Dirk May Settlements


What if you are injured and have permanent restrictions.

Do I have to try the job that Workers’ Compensation offers me?

You do if you want to increase the value of your settlement.

You need to see if you can perform the job.

If you cannot do the job, then you will have to return to your doctor and explain what keeps you from working the job.

This puts you in the position to argue the permanent restriction prevents you from your past job and the new job offered to you.

This means either that you cannot do any job or only a job that is even more restrictive.

You must make a good faith effort.

That means at least trying the job for a day.

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

Work Comp Settlements and Credits

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In Illinois, an Employer may receive a credit for a prior Work Comp injury you settled on.

This does not apply to back or neck cases.

However, it applies to all other body parts such as arms, hands, legs and feet.

For example, if you settled an old case for 10 percent of the arm and you injured your arm again your employer can claim a credit against your new Workers’ Compensation claim.

You must prove your new injury has damaged your arm beyond the 10 percent of the old settlement.

It works this way: new injury is 25 percent of the arm minus the old 10 percent so you get 15 percent.

You see that you need to argue that the new injury has caused permanent partial disability as high as possible to offset the credit.

Questions about Workmans Compensation settlements and cases? Feel free to call Illinois Work Comp Lawyer Dirk May at 309-827-4371.

What to Expect in Illinois Workers’ Compensation Cases

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The Illinois Workers’ Compensation Law provides 3 basic rights for an injured worker.

The right to payment for related medical treatment.

The right to payment of 66 percent of your average weekly wage for injury related time off work.

The right to payment for your work related disability resulting from the injury.

The process is not perfect, or pretty, or fast paced.

You need to realize there are certain rules and timelines that need to followed.

The insurance companies all differ in the way they handle cases.

But the most thing to remember is that you can usually negotiate to increase the value of your settlement.

Impatience is the enemy of the highest settlement value for your case.

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

What is a Work Comp Adjuster?

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The Workers’ Compensation Insurance Company hires adjusters to oversee injury claims.

One part of the job is to make sure the claim is taken care of in a timely manner.

Another important part of their job is to keep costs under control.

The adjuster is the gatekeeper.

The adjuster approves medical treatment.

The adjuster pays temporary total disability.

The adjuster authorizes the Work Comp settlement.

The adjuster decides whether to hire an attorney, and who to hire.

The problem often is that the adjuster is not responsive.

They will not return phone calls or emails.

They are either overworked or not doing their job.

A unresponsive adjuster can be very damaging to your case.

The only way to deal with such an adjuster is to file a motion to go to trial.

Even this does not guarantee fast results.

Need more information about your work comp case? Feel free to call Illinois Workers Compensation Attorney Dirk May at 309-827-4371.