Settlements

Waiting for your Illinois Workers’ Compensation settlement sure seems like it takes forever. What is up?

The insurance company lawyer has to get approval for everything from the insurance company adjuster. The adjuster works somewhere separate from the attorney. Some adjusters are good and some are bad regarding responding to offers.

The only option when the insurance company is slow in responding is to set the case for trial. This does not necessarily speed things up, but it shows you are serious and the insurance company has to spend their money on their lawyer.

Eventually you may have to prepare for trial to get an offer. This will cost you extra money because you will have to pay a doctor to testify on your behalf. But you may have to do this to get the offer you want.

In Illinois, the Workers’ Compensation Arbitrator is the judge who decides the case if it goes to trial.

The Arbitrator is hired by the State of Illinois. The Arbitrator is a neutral. In other words, the judge cannot favor either the insurance company or the injured worker.

The Arbitrator may be a lawyer, but does not have to be. To become an Arbitrator you must pass a test, and be selected through the Governor’s office. Once you become an arbitrator it is almost a lifetime job.

Commissioners are the next level up from Arbitrators. Commissioners act as a reviewing body for appeals from Arbitrator’s decisions. Three Commissioners serve on what is called a panel to hear appeals.

In contrast to Arbitrators, only one Commissioner on a panel is a neutral, one Commissioner is a labor representative, and one Commissioner is a business representative.

Commissioners do not have to pass a test. They must be a lawyer, or have a labor relations background. They are appointed by the Governor, and confirmed by the Senate. They serve for a specific term, and can be reappointed.

Some Workers’ Compensation Insurance Companies are very interested in settling their cases by the end of the year.

This means you may be getting an offer to settle very soon.

You should review the offer carefully.

Is it fair?

Will you need more medical treatment in the future?

Are all your medical bills going to be paid?

Do you understand all the contract language?

If you are in Illinois and need someone to talk with about your Work Comp case feel free to call me, Attorney Dirk May at 309-827-4371.

What about videotaping and Illinois Workers’ Compensation Law?

Insurance Companies will on occasion send out an investigator to tape an injured worker.

This is legal as long as they do not trespass, and video tape only. No audio is allowed without your permission.

Insurance companies will do this to try to prove that your condition is not as bad as you claim.

For instance, I have seen videotapes of someone dancing (back injury alleged), roofing (shoulder injury alleged), tuck pointing (permanent total disability claimed).

The most important thing to remember is that someone may be video taping you. Be on the safe side and you will not have to explain your actions at trial.