Settlements

Illinois Work Comp and Making the Right Decision

Dirk May Help, Illinois Work Comp Attorney, Illinois Work Comp Lawyer, Settlements, Workers Compensation

A big part of life is making good decisions.

It is often difficult to make the proper decision in a Workers’ Compensation case for several reasons.

You may be too invested because it is your injury and it is difficult to separate emotion from rationale behavior.

You may have many people giving you advice who do not know the facts or who are manipulating you.

You may not understand the Illinois Workers’ Compensation system and the way it works.

Whatever the reason it is important to have balanced information that will help you understand what is the best outcome for you.

Expecting to recover half a million dollars is unrealistic. Most Work Comp cases settle in the range from $1000 to $100,000 depending on your wage and the severity of your injury. Family or friends who are telling you otherwise are not helping.

You need to know the weaknesses of your case. If you go trial and the problems of your case may lead to you getting zero, then you need to think carefully before turning down an offer.

Relying on the insurance company to tell you the truth and look out for your interests is not a good idea.

Where can you get the information you need?

Make sure that you talk with an experienced Illinois Workers’ Compensation Attorney. Any fee is based on your recovery of money.

Feel free to contact Illinois Work Comp Attorney Dirk May with Williams and Swee at 309-827-4371.

When Does It Make Sense to Settle Your Work Comp Case?

Dirk May Help, Illinois, Illinois Work Comp Attorney, Illinois Work Comp Lawyer, Law, Settlements, Workers Compensation

The most important aspect of your Illinois Workers’ Compensation Case is knowing when to settle your case.

Like the old song goes “you gotta know when to hold ’em and when to fold ’em”.

Or as it was said in an Indiana Jones movie “choose wisely”.

I have seen people make bad choices because they were either greedy or they thought someone owed them something, or because they felt like they were being treated unfairly.

There is another old saying “hogs get slaughtered; pigs get fed”.

Another thing to remember: the law is not perfect. It is not made to resolve every injury perfectly. There were a number of trade offs made in passing the Illinois Workers’ Compensation Act. The result is an imperfect law with imperfect remedies for imperfect people.

I once had a law school professor who emphasized with a passion that the law is not fair.

If you are looking for fairness you will not find it in the Illinois Workers’ Compensation Act.

You must make the best settlement possible considering the law and the facts in your case.

Do not make a risky bet a perceived high dollar outcome and let a good settlement in hand get away.

Going to trial in a high risk case to get lots of money is foolish and usually results in bitter disappointment when you receive a minimal value or zero verdict.

You should consult with an experienced Illinois Workers’ Compensation Attorney to discuss your case. Feel free to contact attorney Dirk May with Williams and Swee at 309-827-4371.

Your Wage Matters in Workers’ Compensation

Dirk May Help, Illinois, Illinois Work Comp Attorney, Illinois Work Comp Lawyer, Settlements, Workers Compensation, Workers Compensation Commission

Illinois Workers’ Compensation settlements and awards are based on your wages.

For instance a person who was injured while working a McDonald’s and earning minimum wage will receive much less than a full time union worker with the same injury.

Awards and settlements are calculated using a percentage of the injured body part.

For instance, the back has a total of 500 weeks. If you settle for 10 percent of the back you will receive 50 weeks.

50 weeks times your average weekly wage multiplied by 60 percent determines what you will receive. The 60 percent of the average weekly wage is specified in the Illinois Workers’ Compensation Act

An example of this is an average weekly wage of $500 times 60 percent equals $300. 50 weeks is multiplied by the $300. This equals $15,000.

Since your wage governs the size of the award or settlement, it is important to make sure that the insurance company has the correct amount when deciding your case.

Another important thing to remember is that if you have a second job and your first employer is aware of it, then it can be added to your average weekly wage. This will boost your average weekly wage.

Overtime can be added in at the regular rate if you can show overtime is mandatory and is worked on a regular basis.

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

Ask and You May Receive: Illinois Work Comp

Dirk May Help, Illinois Work Comp Attorney, Illinois Work Comp Lawyer, Insurance, Settlements, Workers Compensation

It may surprise you to learn that Workers’ Compensation insurance companies do not always pay injured workers what they are due.

There is no rule that says Work Comp insurance companies must pay you for injuries if you do not ask.

In Illinois you are entitled to payment of your medical bills, payment when you are off work, and payment for the injury itself for work injuries.

Some insurance companies will deny payment of any of these even when the claim is compensable.

At other times an insurance company will pay for the medical treatment, but not pay off work pay.

Finally, some insurance companies pay for medical treatment and time off pay but ignore making a settlement offer.

What can you do?

Make sure that request payment of all your medical bills, payment for being off work, and make certain that you request a settlement offer to close out your case when you are ready.

You should make these requests in writing or at least via email to document everything in the event you need to go up the ladder to an insurance company supervisor.

Remember, it does not hurt to ask. If the insurance company denies your requests or does something questionable make sure that you contact an experienced Illinois Work Comp lawyer to enforce your rights pursuant to the Illinois Workers’ Compensation Act.

Questions about your Work Comp claim? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

Workers’ Compensation and Getting Paid

Dirk May Help, Illinois Work Comp Attorney, Illinois Work Comp Lawyer, Settlements, Workers Compensation

The most important part of your work injury is getting paid if you cannot work.

The insurance company should be paying you if your injury happened on the job and your doctor has taken you off work.

If the Work Comp insurance company is not paying you, then you should contact an experienced Work Comp attorney right away.

If the Work Comp insurance company stops paying you after they send you to see one of its own doctors, then you contact a lawyer immediately.

The problem is that some injured workers forget to get an off work slip from their doctor. Failure to get the doctor to put your need to be off work in writing can stop your payments.

Once you are sent to the see the insurance company doctor she will write a report that gives the opinion whether the accident and injury are related, the treatment needed and your restrictions. This will determine whether you will get paid and the future course of your treatment.

The only way to get payments back on track is to prepare for trial. This includes having your treating doctor