Settlements

When Not to Settle!

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

Do not settle your Illinois Workers Compensation case unless you are sure you will not need any future medical treatment.

This is the time of year that insurance companies want to settle Workers Compensation cases and close out their liability for the year.

Do not be fooled. The Workers Comp insurance companies are not looking out for your best interests. They are only concerned with their bottom line.

Once you sign the settlement contract and it is approved you will have no further rights for future medical treatment.

You must insist on a trial if think you will need future medical treatment related to your work injury.

Questions? Concerned? Need advice? Call Illinois Workers Compensation Attorney Dirk May at 309-827-4371 representing injured workers throughout the State of Illinois.

What Happens at a Workmans Comp Trial?

Dirk May Law, Settlements, Workers Compensation, Workers Compensation Commission

In Illinois, your Workers Compensation trial is usually held in a courthouse, or a building the Illinois Workers Compensation Commission rents for a few days a month. The place of the trial is usually not in a courtroom. 

The people present during your trial include the Arbitrator (the Judge), the court reporter, your lawyer, the insurance company attorney, and any witnesses needed.

There are no juries in Illinois Workers’ Compensation cases. Your lawyer will ask you questions first about your accident, the medical treatment, your bills, your time off work, and how you feel currently. The  Workers Comp insurance lawyer can ask you questions about the same areas.

Sometimes witnesses are necessary to testify about your accident or what someone has seen you do since your injury.

Exhibits that you usually have at trial are medical records, medical bills, accident reports and doctors’ depositions.

Most trials are done within one hour. The Arbitrator will not give an immediate decision. The Arbitrator will write out his decision and usually send it out within 60 to 90 days.

If you have any questions about your Workers Compensation trial call Attorney Dirk May at 309-827-4371.

More Settlement Problems

Dirk May Insurance, Law, Settlements, Workers Compensation

I was at another Illinois Workers Compensation Docket this week and heard some Insurance Company lawyers laughing about injured workers without lawyers who received low settlements. 

The problem is that the Insurance Company Adjusters want to settle the case for a low amount as possible. They have nothing to lose if the injured worker agrees to a low settlement. The only person who can stop a Workers Compensation Settlement is the Arbitrator. However, the Arbitrator can be distracted at the time she is reviewing the contract, or may not read all of the medical records presented, or may not be presented with the proper records. The worst thing that can happen with a low offer is that the Arbitrator will tell the insurance company lawyer to go back and get more money.

I feel bad for those people who have accepted an unfair Work Comp settlement. An attorney cannot take a fee on a written offer that has been made to you, the lawyer can only take a fee on the increased amount he recovers for you.

If you have questions about your Illinois Workers Compensation offer please call Attorney Dirk May at 309-827-4371.

Insurance Company Offers

Dirk May Insurance, Law, Settlements, Workers Compensation

What if you do not like the Insurance Company offer?

Tell them you do not think it is fair, but make sure you give solid reasons. They may just listen to you. 

Remember, they are discounting the offer some what. Especially if you do not have a lawyer. The attorney fee is 20% so they figure you are saving 20% upfront.

If you have a lower wage this will make the value lower. The wage is based on the 52 weeks before your injury. 

The insurance company’s motivation is too close out any additional medical treatment. That is usually the biggest part of most claims. If you can point to future medical you may need, then they may increase their offer.

Any questions about Illinois Workmans Comp offers call Attorney Dirk May at 309-827-4371 for a no obligation discussion.

Illinois Workers Compensation Statistics

Dirk May Law, Settlements, Workers Compensation, Workers Compensation Commission

The Illinois Workers’ Compensation Commission has issued statistics for fiscal year 2007. 

The number of cases filed for FY 07- 56,685

                                                FY 06-56,911

                                                FY 05-58,715

                                                FY 04-62,267

As you can see the number of cases filed are decreasing.

In FY 2007 the most injured body part was the back- 16% of filings; hand 12%; arm 10%.

Over the last 5 years 85% to 88% of workers compensation cases have been settled. That is right, the vast number of cases are settled without a trial. 

If a case does go to trial, on average 50% are appealed to the Commission level. That takes another 1 to 2 years to complete. Once a Commission decision is made, then 25% to 31% of these decisions are appealed to Circuit Court.

Women file 33% of the Workers Comp claims.