Settlements

Workers’ Compensation Insurance Companies want you to accept their offers and close out your case.

Remember they want to settle at this time of the year to get cases off their year end books.

But if you try to negotiate with the Work Comp Carrier, they will often tell you no and hope you will give up. They will also tell you that going to an Illinois Work Comp lawyer will eat up your settlement. Not true. The Workers’ Compensation Act in Illinois says that a lawyer can only charge you a fee on the amount over written offer.

In other words, the lawyer only gets a fee on the additional amount he gets for you. The insurance company does not want you to know this.

Get all the facts about your Work Comp case so you can make the best decision possible.

Call Illinois Work Comp Lawyer Dirk May with your questions at 309-827-4371.

Just like in anything else- first impressions are very important in Workers’ Compensation trials.

When you testify before the Arbitrator you should:

* Look the Arbitrator in the eye. It shows interest, and truthfulness.

* Speak up. The court reporter has to record every word you say. The Arbitrator wants to be able to understand your testimony.

* Do not get angry. Workers Comp is often frustrating, but the trial is not the time to show your anger. The Arbitrator did not cause your problem. Remember she is going to decide your case.

* Tell the truth. Any inconsistent testimony will most likely cause you to lose.

Need more information about Workers’ Compensation? Call Illinois Work Comp Lawyer Dirk May at 309-827-4371.

In Illinois you are not required to give a statement to the Workers’ Compensation Insurance Company.

The problem with giving a statement is that the insurance company can use it against you later at trial. Statements are taped, and the insurance company representative asks the questions. If you testify differently at trial, then they will try to make it look like you are a liar.

Accident reports are different. They are on company forms and are in writing. They can help your case as long as they are completed at, or around the time of the accident.

However, you need to make sure they accurately reflect what happened at the time of the accident, and they explain what parts of your body you injured.

Questions about how to deal with Insurance Companies? How to complete accident reports? Call me, Illinois Workers Compensation Attorney Dirk May, at 309-827-4371.

When you settle your Workers Compensation case in Illinois you must sign a contract and have it approved by an Arbitrator.

Most contracts provide that any future medical treatment is the responsibility of the injured worker.

That is why the insurance company wants to settle. Once you sign, then they have no more responsibility for medical treatment. Many times this works out fine for both the injured worker and the insurance company because you are healed and ready to go back to work.

The problem is if you need future medical treatment what do you do?

The choice is prepare your case for trial, or negotiate future medical in your settlement contract. Putting future medical in your contract is very difficult.

Questions about how to do this, or options you may have? Call me, Illinois Work Comp Lawyer Dirk May, at 309-827-4371.

Illinois Work Comp benefits are some of the highest in the country.

The dark side of Illinois Workers’ Compensation Law is the time it takes to get your treatment and money.

You are suffering without a paycheck and you are in pain. Many times the Insurance Company uses your plight to force you to settle.

This gets you money sooner, but may leave you with a long term health problem.

The other option is to take your case to trial. As discussed in earlier posts this takes some time to get to trial. The other problem with going to trial is that over 50% of the Work Comp cases in Illinois are appealed. This means you have to wait another 12 to 18 months to get a decision, and no pay to boot.

No one said it would be easy. But you have to weigh the pros and cons of settling versus trial. It is not a simple answer.

Questions about what to do? Feel free to call me, Illinois Workers Comp lawyer Dirk May at 309-827-4371.