Workers Compensation Commission

What happens to my settlement if my company goes under?

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

With this bad economy it is an important question to ask. If you have been hurt on the job and your company goes out of business what will happen to your Workers’ Compensation claim?

In Illinois at least, you are protected in several ways.

Almost all business must have Workers Compensation insurance. If the business closes, the Workers’ Comp insurance company still stands in its place, and you are protected.

What if the insurance company goes bankrupt. Illinois law provides for a special fund to take care of injured workers in that case.

What if your company was self-insured? This means they take care of their own claims. Illinois has another special fund that handles these situations.

If your company did something illegal and did not have Workers Comp insurance, then you have some difficulties. There is a fund that exists that is supposed to help you out, but it takes a long time to pay out and it involves a difficult process.

Should you fall into any of these situations, please call me, Dirk May at 309-827-4371, to discuss.

What if the Workers Comp Insurance Company will not Settle?

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

What if your Insurance Company refuses to offer you a settlement for your work injury?

In Illinois, your choices are to give up, or take your case to trial.

As the injured worker you must prove all parts of your case to win. This means you must prove the accident happened, you must prove what medical treatment you received, that the treatment is related to your injury, the amount of your medical bills, and the nature and extent of your injuries.

You can represent yourself, however, the insurance company will have an attorney who will represent them at trial.

Have you been denied a settlement, or been given a low offer? Call me, Attorney Dirk May, at 309-827-4371 to discuss your case.

Should I file a Workmans Comp Claim?

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

The economy is bad. Jobs are hard to find and keep. What if I get hurt at work? Should I file a Workers Comp Claim?

These are real questions, that express real concerns. In Illinois you can be fired for almost any reason or no reason at all, in most cases.

Illinois does have a law that makes it unlawful to discriminate against someone who files a Workers’ Compensation claim. However, the only way to enforce the law is to file a civil court case.

The other factor that helps in Workers’ Compensation cases is that usually an insurance company stands in the place of your employer. So it is different from suing your employer directly.

The bottom line is that if you are injured at work and your employer or its insurance company is denying your claim, then the only way to get your medical treatment or off work pay or settlement is to file a claim.

Have questions? Call Attorney Dirk May at 309-827-4371.

Do I Need a Witness for my Workers Comp Case?

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

Most Illinois Workers’ Compensation cases do not require a witness other than you, the injured worker.

Your medical records will detail the treatment you have received and what you told the doctor at the time you were injured.

Your doctor’s deposition will contain his testimony.

Your medical bills will part of your exhibits.

You will testify about your accident, your medical treatment, your time off work, and your current condition.

In most cases that is all you will need for your Workers’ Compensation case.

If there is a dispute about your accident you may need to have a witness if there is one available. In other words, was there an eyewitness to your accident? If so you may want to call the eyewitness to testify. 

Any questions about your case and what you may need for trial? Call Central Illinois Attorney Dirk May at 309-827-4371.

Workers Comp Takes Too Long

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

No argument there. It takes a long time to go through the entire Workers Compensation process. Why?

The injured worker has to prove everything. You must prove accident. You must prove your medical bills are related to the accident. You must prove that your medical condition is related to your accident. This is the part of most cases that causes delay.

To prove the medical connection you have to have your doctor’s testimony. This often takes weeks and sometimes months to get on the doctor’s schedule for his testimony. The Workers Compensation insurance company also has the right to have the injured worker examined by its own doctor. This often takes time to arrange and then this doctor must testify. This can drag on for some months.

Once the case goes to trial either side can appeal. This extends the case for at least another year.

This explains why Workers Comp takes so long. It also explains why many cases are settled. It is quicker, and  less expensive to the insurance company. But remember settlement is not always the best answer.

Questions? Call Illinois Attorney Dirk May at 309-827-4371.