Settlements

Pain and Suffering and Your Settlement

Dirk May Help, Law, Settlements, Workers Compensation

In Illinois you do not get paid for pain and suffering in your Workers’ Compensation settlement.

When the law was first put in place in the early 1900’s there was a trade off. You do not have to prove your employer was negligent in causing your injury, but in turn you are not able to be awarded damages for your pain and suffering. The other trade off was speed. Compared to other types of civil cases Workers Comp is much faster. You get your money sooner and it is tax free.

The way Workers Comp settlements and awards are figured are based on your average weekly wage for the 52 weeks before you were injured times 60 percent. This is what is called your permanency rate. The injury is then given a number of weeks times the permanency rate. The number of weeks determined is not based on any hard and fast schedule that you find in some states. It is more art than science.

As you can tell from the formula, the higher your wage the better off you will do on the settlement or award. The injured workers who do the worst in most cases are minimum wage people and part time workers. 

If you think your wage was calculated incorrectly or the offer does not seem right, give Attorney Dirk May a call at 309-827-4371.

How to Make Your Case Stronger

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

As I mentioned in my last post, Workers Compensation Insurance companies are going to be tighter with their money and settlements.

As an injured worker you need to do everything you can to make your case better. 

One important area to pay attention to is your medical treatment.

You need to go to the doctor as often as necessary to deal with your condition. Consistent treatment shows your condition is bothering you and is serious. If you do not treat for long periods, or treat off and on the Insurance company will argue that your problems improved and you no longer need medical treatment. Or if you wait a long time between treatments, then the Insurance company will say that it is not related to your work injury.

If the Workers Compensation Insurance company denies you treatment and you do not have your own health insurance, then you will have to go to trial to force the Insurance Company to pay for it. This is time consuming and frustrating but you have no choice.

Remember, you must seek medical treatment quickly and as often as needed to protect yourself and your Workers Comp case.

Call Illinois Attorney Dirk May with questions at 309-827-4371.

Expectations for Illinois Workers Comp in 2009

Dirk May Insurance, Law, Settlements, Workers Compensation

With economic uncertainty and political uncertainty in Illinois, it is probably safe to project the following for 2009:

  • Workers Comp insurance companies will be even more stingy with settlement offers. They want to keep as much money for themselves as possible.
  • Workers Comp insurance companies will tell their lawyers to appeal more cases. You may win your trial but when the insurance company appeals it will take another 1 to 1.5 years for the case to be decided. The insurance company will get to keep your money while the case is on appeal.
  • Jobs will continue to disappear and be scarce. Some companies will try to intimidate injured workers so that they will not file for Workers Compensation benefits.
  • Politics will have some impact on the Illinois Workers Comp law and the interpretation of the law. The Governor may soon be impeached. This will possibly open the door to a new Chairman, new Commissioners and may trickle down to new policies governing Arbitrators.

Questions about future developments, or what goes on in Illinois Workers Compensation cases? Call me, Attorney Dirk May at 309-827-4371.

Do Not Be Afraid of Your Trial!

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

Many people are afraid of a Workers’ Compensation trial. They settle their case because they do not want to testify.

There is really nothing to fear. True, you will have to speak in public but it is not that painful for several reasons:

  • There is no jury. Only the Arbitrator or judge makes the decision in your case.
  • Few people will be present. The Arbitrator, the court reporter, the insurance company attorney, your attorney and yourself, and any witnesses.
  • You will go through the potential questions with your lawyer before the trial.
  • The Arbitrator wants to hear your story. That is the Arbitrator’s job. Just tell the truth and it will be fine.

I would be glad to talk with you about your case and whether you should go trial or not. Call Illinois Attorney Dirk May at 309-827-4371

Your Choice

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

Ultimately, in Illinois Workers’ Compensation law there are only two ways to end your case. You must settle or have a trial. The decision is your decision alone. In other words, the insurance company cannot tell you what to do and your lawyer cannot tell you what to do. 

The vast number of Workers Comp cases settle in Illinois- anywhere from 90% to 95%. You should settle your case if your medical bills are taken care of and you do not think you will need future medical treatment, and you are offered fair value. The value of your case depends on your wage, and the facts (clear accident?, medical opinions, medical treatment, and restrictions).

Sometimes you will not receive any offer. This makes your decision easy. You must go to trial if you do not receive an offer.

The most difficult decisions are when there is a disputed part of your case, such as a whether part of your medical treatment was related to the work injury or an unrelated cause, and the offer is less than full value. At that point you must weigh the offer versus the odds of winning more money at trial. Trials and appeals also take longer. So you may also be waiting several years for your money .

The decision is not always easy, but you must decide and be willing to live with your choice.

Questions? Please feel free to call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.