Settlements

What is a Workmans Compensation Settlement Contract?

Dirk May Law, Settlements

All Illinois Workers’ Compensation settlements have to be put in writing in the form of a contract, and must be approved by an Arbitrator.

Once you settle your case with a settlement contract the following happens:

  • Your right to a trial is over,
  • If your condition worsens you will have no future medical coverage or compensation,
  • You will not receive any more money related to this injury,
  • If you are off work in the future because of your condition you will not receive any payments,
  • The only benefits you will receive are the ones spelled out in the contract.

That is why it is very important to understand what your contract says. Any questions about your offer or contract language please call Attorney Dirk May at 309-827-4371.

What about Other People’s Workmans Comp Settlements?

Dirk May Law, Settlements

A hazard of the Workers Compensation law practice is there are a few clients who will tell you about their friend’s or neighbor’s outrageous settlement, and how they should get just as much.

The only problem is that is probably not true, or it is some urban legend they heard from a friend of a friend. The sad truth is that, in Illinois at least, you are not going to get rich from a Workers Compensation settlement. There is no pain and suffering award, and the settlement is tied to 60% of your average weekly wage for a limited number of weeks. Sometimes you can get lifetime benefits, also tied to your wage, if you are seriously injured and have proof of permanent restrictions that keep you from working.

However, you will not get rich from carpal tunnel cases and shoulder surgeries with no restrictions.

If you want to know the true value of your case, I will be glad to discuss it with you. Call Attorney Dirk May at 309-827-4371.

What is most important to my Workers’ Compensation Case?

Dirk May Law, Medical, Settlements

Every time I go to trial on a Workers Compensation case or read an arbitrator’s decision I am reminded that the history of your accident is extremely important. This means what you tell your doctor or the emergency room shortly after you are hurt at work is crucial. 

For example, if you explain that you fell at work yesterday and hurt your leg it will show up in the doctor’s records. If you say your leg hurts and do not mention it happened at work your case could be in big trouble. Not only will your settlement value go down, but you may be denied altogether.

Remember the more details the better.

Having troubles with your Workmans Comp case? Call Attorney Dirk May to discuss your case at 309-827-4371.

 

Pain and Suffering part of the Settlement?

Dirk May Law, Settlements

In Illinois Workers’ Compensation law, there is no compensation for pain and suffering.

Years ago when the law was passed, there was a trade off between requiring an injured worker to prove negligence on the part of the employer and large awards that might be given for pain and suffering.

However, Illinois Workers’ Comp law does take into account how you are doing now after your injury. For instance, you are allowed to testify regarding what you notice about your back now. This is ultimately a form of pain and suffering.

The difference between a personal injury case and a workers compensation case is that pain and suffering usually has some relationship to the medical bills and the type of injury. In Workers’ Compensation the award is based on the wage and the injury and the treatment provided. So if you have a serious injury at a low wage job your recovery will be limited.

Any questions about your settlement value, feel free to give me a call.

Settlement Value

Dirk May General, Insurance, Law, Settlements

What increases the value of your Workers Compensation case is to be ready, willing and able to go trial. The insurance company knows that they have to pay their attorney and face the possibility of future medical expenses if you go to trial and win your case. Being ready to go to trial also gives you the option of settling or going to trial if you do not like the settlement offer.

You need to ask your attorney if they are ready and willing to take your case to trial. Suprisingly, not very many Workers Compensation attorneys are willing to take cases to trial. Make sure that when you have your first meeting with your lawyer that you get the commitment from them to take your case to trial if you make that decision.

It is always better to have the option to take your Workers Compensation case to trial. This gives you leverage with the insurance company and allows you to make the best decision regarding future medical needs and the compensation you need for your injury.