Settlements

Loans and Work Comp Settlements

Dirk May Help, Law, Settlements, Workers Compensation

Illinois Workers Compensation cases take time and money is tight, so there is a whole industry that has developed to loan injured workers money. Many clients will ask me what I think about getting a loan on their future settlement.

When you get the money it seems like a good idea, but remember you have to pay it back. The interest rates are extremely high. The lenders know you are in a bad spot, the loan is high risk ( it takes time to get your money and no case is guaranteed) and there are not many options. 

If at all possible I would avoid these loans. If you absolutely must take out a loan, keep the amount as low as you can. Nothing is more disappointing than getting your settlement check and having to pay out a large chunk of it to repay a loan that is long gone.

Work Comp Settlement Problems

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

In Illinois Workers Compensation cases, settlements are about more than money. 

Settlements also cover medical bills and close out future medical treatment.

Recently, an insurance company lawyer told me he had a pro se , a person who was not represented by a lawyer, with a settlement contract approved. The problem: the medical records showed he had continuing knee problems and the doctor said a total knee replacement would be needed at some point. The Arbitrator over looked this and approved the contracts. This results in the person never having access to future medical treatment for his knee. 

You must be very careful when settling your Work Comp case. No one is going to look out for you. Not the insurance company, not the Arbitrator. If you think you are going to need future medical treatment you need to discuss this with a lawyer.

Questions? Call Attorney Dirk May at 309-827-4371.

What is the Most Important Thing in Workers Comp?

Dirk May Law, Medical, Settlements, Workers Compensation

If you do not do anything else when you have a work injury, you should at least tell the Doctor that you hurt yourself at work.

The first thing the Arbitrator will look for in the medical records is your explanation of the accident. If it shows that you hurt yourself at work your case is much stronger.

If you tell the Doctor you hurt yourself at work, or you noticed your symptoms increasing while doing work activities then the Doctor is more likely to support your case. 

There is something about having that connection in your medical records that the Arbitrator can rely on, and the Doctor feels more comfortable and willing to express a stronger opinion in your favor.

Even the insurance company is more likely to extend an offer when they see the work injury history in writing.

It is always nice to have an accident report right after the accident, and to have witnesses, but at least you have control over what you tell your doctor. And you can also tell your doctor about the work and injury connection on more than visit.

Remember to tell your Doctor about how you got hurt, you will not regret it.

Insurance Company Secrets

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

A Worker’s Compensation lawyer once told me that if he had a family member who had a back injury he would not counsel him to settle his case. He would instead tell him to go to trial.

The reason is that back injuries are complicated and can result in life long problems.

The settlement contract closes out all future medical treatment for the back.

The only way to leave open the possibility for future medical treatment for your back is to have a Workers’ Compensation trial. The trial is not as scary as it seems. It is nothing like you see on television. There is no jury and it usually lasts less than 1 hour.  The only people in the room are the Arbitrator, a court reporter and the lawyers. Sometimes a company representative is also present.

If an insurance company lawyer is worried about future medical problems, shouldn’t you be?

What are my Options?

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

Often people will call and ask if the Workers’ Compensation insurance company can stop paying them or refuse to authorize medical treatment?

In Illinois, not only can they stop paying you Temporary Total Disability benefits and refuse to pay for medical treatment but they will unless you do something about it.

 

The only way to stop the Workers Compensation insurance company is to prepare for trial.

This puts the pressure on the insurance company because their attorney will tell them either they must pay you or allow your medical treatment, or this case is going to be decided by the Arbitrator.

You, as the injured worker, must be willing to push the case to trial or suffer the consequences. In many cases if you do not push, then you will be shut off.

Isn’t it better to know the answer even if it is bad, then to have to wait and wait and wait while the insurance company says no.

If an offer is made and you have some weaknesses in the case you should carefully weigh the options, but if there is no offer or negotiations you must push back and seek your day in court.

Questions: call Attorney Dirk May at 309-827-4371.