Total Disability and Work Comp Settlements

In Illinois Workers’ Compensation Law, you almost always have to do a job search to prove that you are not able to work anymore due to your work injury.

It is called being permanently totally disabled.

Let’s be perfectly clear. The job search will be long and, at times, painful.

The value of your case increases dramatically if you are willing to do the difficult work of looking for a job. This means sending out emails, calling, sending letters, putting in applications every week for at least 6 months.

If you are not willing to put in the hard work, then you will lose out on what you deserve.

If you are truly hurt and cannot work again you are entitled to lifetime benefits. The clearest way to prove this is to show that no one will hire you.

The Work Comp insurance company and the Arbitrator will take a failure to do a job as a sign that you are not serious, and have not proven your case.

Questions about  total disability and your Work Comp injury? Feel free to call me, Illinois Workers Compensation Attorney Dirk May at 309-827-4371.

Psychology and Work Comp Settlements

Workers’ Compensation Insurance Companies think they have the edge on injured workers.

The adjusters think they know the Illinois Work Comp law and the rules.

The Insurance Company controls the money, and your access to medical treatment.

The Insurance Company makes the first offer when you do not have a Work Comp Attorney.

What can an injured worker do?

You must be willing to control the pace of negotiations.

You must out wait the insurance company.

You must know the Work Comp law and rules.

You must show them you are willing to go to trial.

Questions about how to get the best Work Comp settlement for you? Feel free to call Illinois Work Comp lawyer Dirk May at 309-827-4371.

Work Comp Insurance Companies and Settlements

Another good example of what Insurance Companies will do to you if you are not careful.

Someone called the other day and told me that Work Comp had paid for the surgery and their time off work.

However, Work Comp had never offered a settlement. Now it was too late. The injured worker had waited too long. The Illinois Workers’ Compensation Law only allows you so long to file your Application of Claim. If you do not file in time you lose your rights to compensation, and a settlement.

Hard lesson to learn. But, you must pay attention. It is not the Insurance Company’s  job to protect your rights.

If you injured on the job you are entitled to time off work pay, medical bills paid, and your settlement or what is called permanent partial disability.

Questions about your Workers Comp case, or what the insurance company has told you? Feel free to call Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.

Work Comp Settlements and Future Medical

Most Insurance Companies in Illinois will not include future medical treatment in a settlement contract. Why not?

Medical bills represent most of the expense of Workers’ Compensation in Illinois. Projected several years ahead, the medical expenses will just increase. So you can see that the Insurance Company does not want to pay for the medical bills. When the settlement contract is signed it closes out, or prevents, future medical.

If you need future medical treatment you will most likely have to have a trial. If you win you will be entitled to future medical.

However, future medical is not easy to get. Usually  you will have to go through another trial, and then argue your case before 3 Commissioners. This can take several years. So it is not an easy process.

More importantly, the threat of future medical may result in increased settlement value because the Insurance Company wants to avoid the exposure.

Questions about future medical and your Work Comp settlement? Feel free to call me, Illinois Work Comp Lawyer, Dirk May at 309-827-4371.

Pain and Suffering and Work Comp Settlements

In Illinois Workers’ Compensation cases, pain and suffering is not part of the settlement.

This is different from personal injury cases where pain and suffering and the amount of medical bills are the main part of the calculation.

However, your testimony about your ongoing pain and suffering is important in your Work Comp settlement. Your restrictions are also very important to the value of your settlement.

Whether you have a surgery is also important in Illinois Work Comp cases.

In addition, your average weekly wage makes a big difference in the amount of your settlement.

Questions about your Illinois Work Comp settlement? Feel free to call me Illinois Work Comp attorney Dirk May at 309-827-4371.