Settlements

What Happens After Your Work Comp Trial?

Dirk May Denial, Help, Insurance, Law, Settlements, Workers Compensation, Workers Compensation Commission


Once your Illinois Workers’ Compensation trial is over the Arbitrator will write her decision.

This will take approximately 60 days.

Either side has the right to appeal the Arbitrator’s ruling.

The appeal involves written and oral arguments. No one testifies at the appeal level.

The Workers’ Compensation Commissioners (they are like Appellate Court Judges) will either agree with the Arbitrator or overturn her decision.

Once again both sides have the right to appeal to Circuit Court, the State Court of Appeals, and rarely to the Illinois Supreme Court.

This, of course, will take some time if it goes to all these different courts.

Fortunately, most Work Comp cases end after the trial, and almost all of them are done after the first appeal.

This means if you win the insurance company will pay you within 30 days.

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

What Do I Look for in a Work Comp Lawyer?

Dirk May Denial, Help, Insurance, Law, Medical, Settlements, Workers Compensation, Workers Compensation Commission


Some ideas to think about when you choose a Workers’ Compensation lawyer:

  • Do they have time for me? Or am I one of thousands of cases;
  • Do they return my telephone calls;
  • Is it their case, or my case? Will they take the case to trial if I want to go to trial?
  • Will the lawyer explain what is happening in plain english;
  • Am I a person to the lawyer, or just another number;
  • Promises and advertisements are easy. Follow through and delivery is hard work.

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


What is A Work Comp Work Differential?

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If you are injured at work and you cannot go back to your old job, you may be entitled to a wage differential.

A wage differential is the difference between the pay of the old job and the new job times 66 percent over your life time.

You must prove:

*your limitations are related to your work injury

*your restrictions are permanent

*your limitations restrict you to a lower paying job

Most of these cases center on the validity of the restrictions and whether they truly keep you from earning the same amount as before the work injury.

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

Illinois Work Comp Predictions

Dirk May Denial, Help, Insurance, Law, Medical, Settlements, Workers Compensation, Workers Compensation Commission


There is a tremendous amount of uncertainty about what is going to happen with changes in the Illinois Workers’ Compensation law.

Some predictions in the near term in light of this uncertainty:

* Work Comp Insurance Companies will be tighter with their settlement offers. They think the law may become more favorable to them so they will hold onto their money.

* Arbitrators will be more conservative. They are under a microscope due to lots of media coverage, and politicians who love to pile on.

* Commissioners will be more conservative. See above. Plus they are appointed by the Governor and approved through the Illinois Senate. They are very sensitive to what is going on politically.

* There is going to be some type of change in the law. Politicians respond to controversy and the media. Plenty of both has happened in Work Comp this year. So there will be changes and maybe major changes.

Questions about your Work Comp case or settlement? Feel free to call Illinois Workmans Comp Attorney Dirk May at 309-827-4371.