Settlements

Someone asked the other day whether the Workers’ Compensation Insurance Company could close your case without the injured worker’s permission.

The insurance company can close their own case but you still have your rights to recovery as long as you file an application of claim with the Illinois Industrial Commission.

An application of claim is different from having a case with the Insurance Company. The only way to protect your Work Comp rights in Illinois is to file an application of claim. If you do not settle your case within the Statute of Limitations you will lose your right to recovery. So you must be careful.

Someone also asked whether the Workers’ Compensation Insurance Company could write something on the back of the check or trick you into signing your rights away? This cannot happen in Illinois. You must sign a pink settlement contract to close out your case. No waivers or magic words on the back of a check can do away with your settlement or Work Comp rights.

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

Back injuries are usually the trickiest cases in Illinois Workers’ Compensation Law.

The problem is that doctors cannot really predict what the future holds.

You may need more surgery. You may need pain medications for the rest of your life. You may need injections.

If you settle your Work Comp case, then you are finished. You must find the way to pay for any future treatment for your back.

The only way to make sure you at least have a chance at future medical treatment for your back is to have a trial.

But if you have changed jobs, then the insurance company will blame any future problems on your new work activities. The Work Comp insurance company will also blame getting older as a cause your problems.

This is the dilemma you face when deciding whether to settle your Work Comp case.

Sometimes you can use the possibility of going to trial for your open medical as leverage against the Insurance Company.

Questions about back injuries and Work Comp settlements? Feel free to call Illinois Attorney Dirk May at 309-827-4371.

What happens after you win or settle your Illinois Work Comp case?

If you settle your case, the Arbitrator must approve your settlement contract.

About 30 days after you have an approved contract you will get paid from the Work Comp insurance company.

If you have a trial and win your case, the Arbitrator will send you the written decision in the mail. This will take anywhere from 45 to 60 days.

Either side can appeal the Arbitrator’s decision within 30 days of receipt.

Statistics show that approximately one half of the cases are appealed to the Commission level.

If your case is appealed it takes about 12 to 18 months to have an oral argument before the Illinois Workers’ Compensation Commission.

Insurance Companies will often appeal the case to drag it out, and keep from paying you for the time the appeal is pending.

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