Settlements

For injuries after September 1, 2011 the arbitrator will determine value of your injury based on AMA guidelines, what is in your medical records, and your limitations in light of work experience and age.

To put your self in the most favorable light you will need to explain in detail to your doctor what bothers you regarding your injury and how it limits your daily and work activities.

You should explain this to your doctor at each visit.

Most definitely, you should do this at the final visit.

Otherwise, you may end up with a short note in the records that provides “return to work without restrictions”.

This may seriously decrease the value of your case.

A detailed description of your problems in the final note will give you valuable information to argue for increased payment for permanent partial disability.

The Illinois law provides for the current employer to receive a credit for past work comp settlements in certain situations.

If a specific body part is involved, then the current employer will receive a credit.

For example, there are credits for the arms and legs.

If you received a 20 percent of the arm settlement in 2003, then the employer receives a 20 percent credit against the new arm injury.

You must prove there is permanent partial disability above and beyond the original 20 percent.

This can be tricky, and the Work Comp insurance company will want to argue there is no additional disability.

You must show the status of the arm before the new injury, and the nature and extent of the new arm injury.

Keep in mind, there are no credits for back, neck or man as a whole settlements.