Workers Compensation Commission

Work Comp Settlements and Future Medical

Dirk May Help, Insurance, Law, Medical, Settlements, Workers Compensation, Workers Compensation Commission

Most Insurance Companies in Illinois will not include future medical treatment in a settlement contract. Why not?

Medical bills represent most of the expense of Workers’ Compensation in Illinois. Projected several years ahead, the medical expenses will just increase. So you can see that the Insurance Company does not want to pay for the medical bills. When the settlement contract is signed it closes out, or prevents, future medical.

If you need future medical treatment you will most likely have to have a trial. If you win you will be entitled to future medical.

However, future medical is not easy to get. Usually  you will have to go through another trial, and then argue your case before 3 Commissioners. This can take several years. So it is not an easy process.

More importantly, the threat of future medical may result in increased settlement value because the Insurance Company wants to avoid the exposure.

Questions about future medical and your Work Comp settlement? Feel free to call me, Illinois Work Comp Lawyer, Dirk May at 309-827-4371.

Pain and Suffering and Work Comp Settlements

Dirk May General, Help, Insurance, Law, Medical, Settlements, Workers Compensation, Workers Compensation Commission

In Illinois Workers’ Compensation cases, pain and suffering is not part of the settlement.

This is different from personal injury cases where pain and suffering and the amount of medical bills are the main part of the calculation.

However, your testimony about your ongoing pain and suffering is important in your Work Comp settlement. Your restrictions are also very important to the value of your settlement.

Whether you have a surgery is also important in Illinois Work Comp cases.

In addition, your average weekly wage makes a big difference in the amount of your settlement.

Questions about your Illinois Work Comp settlement? Feel free to call me Illinois Work Comp attorney Dirk May at 309-827-4371.

Why is Work Comp Denying Me?

Dirk May General, Help, Insurance, Law, Medical, Settlements, Workers Compensation, Workers Compensation Commission

There may be a number of reasons that the Workers’  Compensation Insurance Company is denying your claim.

I have seen many of these reasons given for not paying injured workers or not approving medical treatment:

  • You got hurt somewhere else. It is not work related.
  • You did not treat with a doctor until a long time after your injury.
  • You treated with a doctor, but you stopped treatment and did not start treatment until a long time later.
  • You did not report your injury to work.
  • Your history of injury at work is not recorded in the doctor’s notes.
  • The insurance company doctor says the work accident did not cause your current condition.
  • The insurance company doctor says you are now fine and can return work.

Questions about why Work Comp is not paying you or your bills? Feel free to call me and talk about your case.

Why Won’t Workers Comp Pay me?

Dirk May General, Help, Insurance, Law, Medical, Settlements, Workers Compensation, Workers Compensation Commission

Illinois Worker’s Compensation is certainly frustrating. They are supposed to pay you when you are off work, but they do not. What is going on?

In Illinois, the injured worker has to prove everything. This means you have to prove that you had an accident, that your injury is related to the accident, that you have medical bills, that you are off work, etc.

Many times the Work Comp insurance company disputes that the accident happened, or that it something covered by Workers’ Compensation Law, or that the Doctor has you off work. The Workers Compensation company, of course, benefits from not paying you.

These denials are discouraging, and they hurt your pocket book. You can take the case to trial, but it takes a long time sometimes anywhere from 6 months to 1 year. If Work Comp will not pay you, then your only choice is to go to trial. In some cases you can also seek penalties against the Insurance Company.

Got questions about your Illinois Work Comp case? Feel free to call Illinois Work Comp lawyer Dirk May at 309-827-4371.

Cannot Go Back to Work?

Dirk May Help, Insurance, Law, Medical, Settlements, Workers Compensation, Workers Compensation Commission

What does it mean for Your Illinois Work Comp settlement if you cannot return to work, and what will happen?

  • The insurance company will want to find a job for you at all costs. Why?
  • If you cannot return to work because of your work injuries, then the Work Comp Insurance Company will have to pay you for the rest of your life.
  • The Insurance Company will most likely hire a vocational expert to help you search for a job. The vocational person works for the insurance company, not for you.
  • The job search will take some time and it will be like a full time job for you.

But remember this, if you give up on the search or do not cooperate the value of your settlement will drop dramatically. The Workers’ Compensation insurance company will not have to pay you for the rest of your life.

Problems with your Workers Comp insurance company? Feel free to call me and talk about it.