Workers Compensation Commission

To Appeal or Not to Appeal

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

Illinois Work Comp benefits are some of the highest in the country.

The dark side of Illinois Workers’ Compensation Law is the time it takes to get your treatment and money.

You are suffering without a paycheck and you are in pain. Many times the Insurance Company uses your plight to force you to settle.

This gets you money sooner, but may leave you with a long term health problem.

The other option is to take your case to trial. As discussed in earlier posts this takes some time to get to trial. The other problem with going to trial is that over 50% of the Work Comp cases in Illinois are appealed. This means you have to wait another 12 to 18 months to get a decision, and no pay to boot.

No one said it would be easy. But you have to weigh the pros and cons of settling versus trial. It is not a simple answer.

Questions about what to do? Feel free to call me, Illinois Workers Comp lawyer Dirk May at 309-827-4371.

Showing up is Important

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

Someone famous once said “90 percent of life is showing”. This applies to Illinois Workers’ Compensation too.

If you do not file an application, you cannot get Work Comp benefits.

It does not cost anything to file.

No attorney fees unless you win, and they are limited to 20 percent of what you recover.

You never know what the Judge will do. You cannot recover or settle until you file. And if the insurance company does not offer anything you can only recover if go to trial.

You never know what witness will say under the pressure of trial.

The bottom line is show up and be prepared; life is always surprising.

What is Important in a Work Comp Lawyer?

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

Here is my top 5 list of things to look for in your Illinois Workers’ Compensation Lawyer:

1. Do they know the law? You need someone who practices Work Comp law day in and day out.

2. Can they explain what is going? There are many procedures and laws that govern Illinois Work Comp law. You need to understand what is happening in your case.

3. Will they talk to you? If your lawyer will not return your call everything else falls apart.

4. Will they do what you ask? If you want a trial will they do what you ask? You should expect advice from your lawyer, but the ultimate decision is yours.

5. They cannot be afraid to lose. Not every case is a winner. But if you are afraid to show up for trial the other side will run over you.

Need to talk to an Illinois Workers’ Compensation Attorney? Call Dirk May at 309-827-4371.

Cannot Work Anymore?

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

If you were injured at work and cannot work for the rest of your life, then you must prove it.

In Illinois, the injured worker has the burden of proof.

Usually the only way to prove you cannot work anymore, in addition to showing all your medical problems, is to do an exhaustive job search.

It can take 4 to 6 months, sometimes longer, to look for a job and record the results.

This will take time and energy but it will be worth it if you can no longer work and are awarded lifetime benefits.

What if there is no Work Comp Insurance?

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

In Illinois, it used to be that if your employer did not have Work Comp insurance then you were out of luck.

The law requires almost every employer in Illinois to have Workers’ Compensation insurance. However, there are unscrupulous firms who do not pay for Work Comp insurance.

The good news is that there is a State Fund that pays for injured workers whose employer did not have work comp insurance.

The bad news is that the fund does not always pay out 100% of the benefits due and owing. It depends on how much is in the fund. The other bad part is that it can take several years to pay out.

In any event some money is better than zero.

Questions about your employer not have Work Comp insurance? Call Illinois Attorney Dirk May at 309-827-4371.