Workers Compensation

Work Comp Tip

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

Over the years I have seen a number of people with work injuries and have reviewed their medical records.

There a certain number of people who report to their medical providers that they did not know how the injury happened.

They explain to me that the reason they did not tell the doctor or hospital that it is an injury at work was because they were afraid work would be mad or they just wanted to have their own insurance handle and avoid the hassle.

I understand what these people were saying, however when they change their mind and decide to pursue a work injury case later on it becomes very difficult for them.

The Arbitrator (a workers’ compensation judge) gives great weight to what the injured worker told the doctors and emergency room personnel at the time of the accident.

The nature of the world causes suspicion so you can understand why the information given close to the time of the accident is very important.

The best practice is to tell your supervisor, co-workers, doctors, nurses, therapists, and emergency personnel how the injury happened at work and what body parts you injured.

You do not have to file a work injury application of claim, however you must leave that option open for yourself. If you do not, then most likely you have closed the door on recovering benefits under the Illinois Workers’ Compensation Act.

Injuries hurt. Call Illinois Work Comp Attorney Dirk May at 309-827-4371 to discuss the best way to help your case.

Make Sure to Coordinate Your Work Comp Settlement and Social Security Claim

Dirk May Help, Illinois Social Security Disability Attorney, Illinois Social Security Disability Lawyer, Illinois Work Comp Attorney, Illinois Work Comp Lawyer, Social Security, Social Security Disability, Supplemental Security Income, Workers Compensation, Workers Compensation Commission , , ,

Social Security law requires that your disability payments be offset or reduced to take into account any Workers’ Compensation settlement.

This makes it very important for your Workers’ Compensation lawyer to be aware of your filing for Social Security Disability benefits.

The best situation is to use the same lawyer for both the work injury claim and the Social Security Disability claim, however if that is not possible then make sure that your Workers’ Comp lawyer talks with your Social Security attorney.

Your work comp lawyer must make sure to put special spread language approved through SSA to reduce any offset as much as allowed pursuant to SSA rules.

I have seen several Work Comp settlements that have not used this special language and the disabled workers suffers greatly as a result.

These injured workers have had their Social Security disability benefits cut off for several years.

The result is that it would have better for the injured worker to never have taken any money for the Work Comp settlement.

Make sure that you do not sign any work comp settlement contracts without having them reviewed carefully by and experienced Social Security Disability attorney.

Do you have a work comp injury and are you disabled? Feel free to contact me, Dirk May, an experienced Social Security Disability and Illinois Workers’ Compensation Attorney at 309-827-4371.

2017 – 01/18/2017 – OSHA orders Amtrak to reinstate, pay $892K to employee discharged in violation of Federal Railroad Safety Act | Occupational Safety and Health Administration

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Source: 2017 – 01/18/2017 – OSHA orders Amtrak to reinstate, pay $892K to employee discharged in violation of Federal Railroad Safety Act | Occupational Safety and Health Administration

Click above to read.

Terminating someone for reporting a work injury or for reporting safety violations is against the law. Civil fines and damages may result.

Union: Pontiac guard stabbed in head; prison on lockdown | Local News | pantagraph.com

Dirk May Illinois, In the news, Law, Lawyers, Workers Compensation ,

PONTIAC — Pontiac Correctional Center was on full lockdown Monday following a stabbing incident on Sunday that sent a correctional officer to the hospital.

Source: Union: Pontiac guard stabbed in head; prison on lockdown | Local News | pantagraph.com

Click above to read.

This is a clear workers’ compensation injury. The officer will be entitled to medical bills, off work pay and payment for the injury itself based on permanent damage. The fact that an inmate intentionally injured the officer is not a defense in a workers’ compensation case.

How is the Workers’ Compensation Settlement Determined?

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

Injured workers in Illinois are entitled to 3 rights.

  1. Payment of medical bills for related treatment.
  2. 66 percent of your average weekly wage for the time your doctor has you off work.
  3. 60 percent of your average weekly wage for the value of your permanent partial disability, this is often referred to as the settlement.

There is no pain and suffering damages for workers’ compensation in Illinois.

There is no schedule of benefits for certain types of injuries; some states mandate payment of a certain amount of money for a broken leg, for instance. Illinois does not do this.

An example is that a herniated disc in the lumbar spine, without surgery, may be worth 10 percent of a person.

The Illinois Workers’ Compensation Act says your back is worth a total of 500 weeks. 10 percent equals 50 weeks.

Assume a person earned $500.00 a week for the 52 weeks before they were injured. 60 percent of $500 equals $300.

50 weeks times $300 equals $15,000.

As you can see the value of your settlement will vary dramatically based on your wage.

There is also a minimum and maximum rate used in calculating your permanency rate.

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