Your questions

Why is my Work Comp Settlement Offer So Low?

Dirk May Settlements, Your questions

 

Why does the Workers’ Compensation insurance company refuse to pay you a large settlement on your work injury claim?

In Illinois, the value of your settlement is based on your wage for the 52 weeks before you were injured.

This means that your settlement will be smaller if you only worked part-time or if you earned minimum wage.

People who are high wage earners will have higher settlement offers in most instances.

Sometimes the insurance company is refusing to pay a large settlement because it believes your case is weak. Maybe there is a defense they believe they have. Such as an injury that happened at home after your work injury that has made your condition worse.

If you have had limited medical treatment, then the Work Comp insurance company will reduce the value of your case.

If you have no restrictions as a result of your injury, then the insurance company may decide to reduce the value of your settlement.

In some cases the Workers’ Compensation carrier is trying to take advantage of you.

In the event you have received an offer that you think is unfair, then you should ask an experienced Workers’ Compensation lawyer what they think. This will not cost you any money.

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

Social Security Disability- Why Does It Take So Long?

Dirk May Help, Your questions

There is no question that Social Security Disability cases are taking longer.

In Central Illinois it used to take 3 months from application to first decision.

Now it is taking up to 6 months for a decision.

If you are denied, then you must appeal and it takes another 6 months.

It used to take 3 months for the second level decision.

This results in an additional 6 month delay.

If you are denied at the second level, then you must Request a Hearing.

The wait for the hearing used to be 8 months.

Now it is taking about 10 months.

The total additional delay is approximately 8 months.

Social Security claims the delay is because more people are filing for disability and there are not enough employees to handle the cases.

Something is wrong with the system if it takes 22 months to get a hearing before an Administrative Law Judge.

People end up homeless or living with friends or relatives when it takes this long.

The rules do allow you to work part time, however some Judges will use the part time work against you and ask why you cannot work full time if you are performing part time work.

Sometimes you can get an expedited hearing, but there is no guarantee.

The most important question is whether you can last the 22 months until you get before a Judge.

If you can work, then you should work as long as you can because Social Security Disability is not something want to be on unless you have to.

Questions about ways to improve your case? Feel free to contact Illinois Social Security Disability Attorney Dirk May with Williams and Swee at 309-827-4371.

Why Did I Lose My Social Security Disability Case?

Dirk May General, Your questions

Is it your fault that your lost your disability case?

Not necessarily.

But if you do not go to the doctor often enough you are not helping yourself.

But if you do not tell your doctor about your problems and how they limit you, then you are not helping yourself.

But if you do not get all your medical records for the hearing, then you are not helping yourself.

But if you do not understand what the standards are for determining disability, then you are not helping yourself.

But if you do not understand why the Judge is asking questions, then you are not helping yourself.

But if you do not understand why the vocational expert is answering questions, then you are not helping yourself.

You may not be disabled according the the Social Security rules and law, but it is very important that you give yourself a fighting chance when you go before the Administrative Law Judge.

You can represent yourself before the Judge, but I would not recommend it.

Why take the chance of not understanding what is going on in your case and at the hearing.

A Social Security Disability Lawyer only costs you if you win.

You are not really saving yourself money by doing it yourself, and you may be costing yourself a whole lot.

Questions about what is going on with your disability case? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

Why is Workers’ Compensation Sending Me to a Doctor?

Dirk May Law, Your questions

What does it mean when the insurance company sets you up to see one of their doctors for your work injury?

In Illinois it is usually not good news.

This is called an independent medical exam.

However, the doctor is picked by and paid for by the Workers’ Compensation insurance company.

This doctor will not become your treating doctor.

The purpose of the exam is to give the doctor information to write a report.

The report will provide his opinion of your diagnosis, whether your condition is related to your work injury, the treatment you may need, and any restrictions you may have.

The insurance company usually sets up these exams when they think you should be done with medical treatment or when they think you should go back to work.

Many of the doctors they use have a harsh view of injured workers and a very conservative slant toward the extent of a work place injury.

The exams can be harmful for the injured worker when the doctor says no more treatment is needed, or you should be able to work without restrictions.

This often results in Workers’ Compensation stopping your checks or your medical treatment.

There really is no way to avoid the independent medical exam. Pursuant to Illinois law if you do not attend the exam all benefits may be cut off and it is very difficult to get them started again.

It is important to remember that the doctor is not your treating doctor and any information gained in the exam may be used against you in court.

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.

Why Does My Work Comp Case Take So Long?

Dirk May Settlements, Your questions


Some Illinois Workers’ Compensation cases take a long time to settle or go to trial.

How do you explain this?

Some people are seriously hurt so it takes a long time to reach maximum medical improvement.

You cannot settle your case or have a final decision on it until you have completed your medical treatment.

Some people can no longer work at their old job or any job.

If the insurance company disputes your ability to return to work, then you will need to undergo vocational training and a job search.

This can take up to a year.

If you cannot agree on a settlement with the workers’ compensation insurance company, then you will need to have a trial.

Doctors’ depositions are usually necessary for trial. It takes anywhere from 3 to 6 months to schedule the depositions.

Once you have a trial it takes 2 to 3 months for the Arbitrator to write the decision.

Either side can appeal the Arbitrator’s decision. It may take up to one year for the appeal to be ruled upon. If there is an appeal to Circuit Court and Appellate Court this may take several more years.

This may explain why Work Comp cases take some time.

Questions about your work injury? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.