Settlements

Wage is King in Workers Comp

Dirk May General, Law, Settlements, Workers Compensation

In Illinois, your Workers Compensation settlement and award revolves around your wage. Low average weekly wage, low settlement; high wage, higher settlement. 

You can count overtime if you get overtime on a regular basis, and if it is mandatory.

If you have a second job, you can also count the income from the second job toward the job you were injured on if your employer was aware of the second job.

You should tell your lawyer about possible ways your wage may be increased. You also need to check your records for W-2 forms, check stubs and other documents that support your wage history.

Lifetime Benefits

Dirk May Help, Law, Settlements, Workers Compensation

What exactly are lifetime benefits? 

In Illinois it is called permanent total disability. Which means you can no longer work as a result of your work injury.

This would entitle you to weekly payments for the rest of your life.

To get lifetime benefits it helps to have the following:

  • have medical records from your doctor that show you can no longer work, or that you have severe restrictions such as limited lifting(10 pounds or under), limitations on work hours, or a combination of limitations
  • have a vocational expert’s report that provides the opinion you are unable to work due to your medical restrictions, age, education and work history
  • have a job search over several months that results in your inability to find a job.

Think you may be permanently disabled as a result of your work injury? Give me a call to discuss your case. Call Attorney Dirk May at 309-827-4371.

Pre-Trials and Settlement Value

Dirk May Law, Settlements, Workers Compensation

A pre-trial is when the Arbitrator listens to both sides explain the person’s injury and the medical treatment that has been provided and the person’s condition. 

The purpose of the pre-trial is to ask the Arbitrator’s opinion regarding the value of your case.

It is helpful if the only or main issue is what your case is worth. Sometimes insurance companies do not want to pay full value and this is a way to send a message to them that the value of your case according to the Arbitrator is more than they think.

Pre-trial are usually not helpful if you need future medical, or the accident is in dispute.

The Arbitrator’s opinion is not binding. In other words, either side can reject what the Arbitrator says. However, keep in mind the Arbitrator is the person who will ultimately decide the case. He may remember what he said the value was and stick with it.

If you think a pre-trial may be helpful in your case, please call me to discuss, Attorney Dirk May at 309-827-4371.

5 Ways to Help Your Workmans Comp Case

Dirk May General, Help, Insurance, Law, Settlements, Workers Compensation
  1. Go to your own doctor if you can. Sometimes the insurance company or your Employer will send you to their own doctor. You may need a second opinion. So the sooner, the better.
  2. Give the doctor a description of your accident in writing and in your own words. This will make sure that everyone knows it is work related.
  3. Give notice of your accident to your employer as soon as possible. This will make your life much easier later on.
  4. Treat with your doctor on a consistent basis. If you stop treating for a period of time and then go back to the doctor with more problems it raises red flags with the insurance company. Also get your doctor to provide you with off work slips at every visit.
  5. Do not settle until you are sure you are completely healed. If there is any question error on the side of caution. Once you settle, the case is over. No do overs.

Any questions call your Workers Compensation Attorney Dirk May at 309-827-4371; for Bloomington, Peoria, Springfield, and Champaign, Illinois.

Why don’t I have a settlement offer?

Dirk May Insurance, Law, Settlements, Workers Compensation

There may be many reasons that the Insurance Company has not made an offer to settle your Workers’ Compensation case, but just a few may be:

  • The insurance adjuster is lazy and has not taken the time to contact you
  • you did not provide a history of accident at work to your doctor
  • you are still receiving medical treatment
  • you have an unusual condition that is not readily connected to your work
  • the insurance adjuster hopes you will forget that are entitled to a settlement

If any of these reasons apply to you or you are wondering what is up with your Illinois Workman’s comp case give lawyer Dirk May a call at 309-827-4371.