Jury awards $26 million to lawyer injured in 2005 taxi crash – Chicago Tribune.
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Shows the tragic nature of life. The only way we have of measuring loss in a person’s life is money reflecting lost earning power, ability to perform daily activities and the ability to enjoy loved ones, friends and life.
Beware when a Workers’ Compensation Insurance Company makes you a settlement offer.
Some adjusters will tell you that you are only entitled to a low amount because their doctor has valued your case at a certain percentage of the injured body part.
This is called an AMA impairment rating.
In Illinois an insurance company can send you to a doctor of their choice and ask for an impairment rating.
Remember, the insurance company is paying the doctor for their opinion and the doctor understands who is paying the bill.
An example, is that the doctor will examine you for less than 30 minutes and give an opinion that your arm injury that resulted in surgery is worth 5 percent of the arm. In Illinois, an arm is valued at 253 weeks. 5 percent of the arm equals approximately 12.5 weeks. 60 percent of your average weekly wage is multiplied by the 12.5 weeks to come up with the settlement value.
The problem is that AMA guidelines usually result in a low impairment value.
What the insurance company does not tell you is that AMA ratings are only one factor in determining settlement value in Illinois.
The real value of the injury with surgery may be closer to 20 percent of the arm.
This is four times the value the insurance company has offered you.
As you can see, relying on the insurance company alone may result in a very low settlement for you that is not close to true value.
Make sure that you talk with an experienced Illinois Work Comp lawyer before you settle your case.
It will not cost you anything upfront. All Illinois Workers’ Compensation lawyers are paid on a contingent fee basis, and they will be able to tell if you are being made a fair offer.
Questions about your work injury case? Feel free to contact Illinois Workers’ Comp Attorney Dirk May with Williams and Swee at 309-827-4371.
There is a new Governor in town and he has come out of the gate with one of his first proposals and it is to change the Illinois Worker’s Compensation law.
This is not really surprising because he campaigned as a business friendly guy and his supporters hate the current Work Comp system.
There are no bills introduced with specific language describing the proposal in detail.
However, the outline of the Governor’s proposal involves requiring the major cause of the injury to be work related instead of an aggravation of a pre-existing condition, and making value of the case depend on a doctor’s rating.
The practical impact of these ideas is that it will reduce the number of injury cases that will be accepted and it will dramatically reduce the value of settlements.
These proposals will not effect work injuries that have already happened.
And just because the Governor makes these proposals does not mean it will become law.
The House and Senate must vote on these proposals and pass them into law.
The real question is whether the majority of Democrats in the Illinois Legislature will trade away the interests of injured workers for something they want, such as a tax increase?
The next 6 months or so will reveal whether there will be any Work Comp changes and to what extent.
I will keep you updated.
Questions about your work injury case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-872-4371.
If you can no longer work in your old job, or you cannot work at all as a result of a work injury you must look for another job.
This greatly increases the value of your workers’ compensation case and leads to a much larger settlement than you would have received otherwise.
This because the law in Illinois and the courts have provided that the best way to prove loss of ability to work or reduced earning power is to perform a job search.
It is not easy to do this, but it is the best thing to do for your case.
You will have to put in effort and time to perform the job search.
This includes searching and applying online for jobs, applying in person, and going through interviews.
In some cases the insurance company will hire a vocational consultant to help you in the job search.
However, the majority of the work will have to come from you.
The best way to look at it is to take the long term view. It may take 6 the 12 months but the payoff in the end will be worth it because it shows you can no longer work or that you have to take a lower paid job.
In the event you find a job, then this makes it easy to determine your wage reduction as a result of the injury.
Make sure you consult with an experienced work comp lawyer to insure that you are getting the best settlement possible.
Questions about your work injury case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.
It is always a good idea to get your attorney involved in the Illinois Workers’ Compensation process as soon as possible.
This protects you from damaging your case and makes sure that you maximize your settlement.
If you wait too long, then a lawyer may not be able to help you.
For instance, an experienced Work Comp lawyer can help you deal with the insurance company from the beginning and prevent mistakes that you may not be able to recover from.
Using a lawyer signals to the insurance company that you are serious and that they will not be able to take advantage of you.
You will definitely need a lawyer if the insurance company is low balling you or denying your claim. Your lawyer will be able to get you into court and prepare your for the hearing before the arbitrator. The lawyer will explain the questions you be asked and the evidence you will need.
The ideal situation is to go to an experienced Illinois Work Comp lawyer and get immediate assistance with filing your application, getting the medical records and bills and medical testimony, and preparing you for the hearing questions. This gives you the best shot at winning and getting the best settlement possible.
There are no attorney fees unless you win, and they are paid at the time you receive your money so this makes it much easier to get a lawyer to help you.
Questions about your Illinois work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.