Workers Compensation Commission

How to Make Your Case Stronger

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

As I mentioned in my last post, Workers Compensation Insurance companies are going to be tighter with their money and settlements.

As an injured worker you need to do everything you can to make your case better. 

One important area to pay attention to is your medical treatment.

You need to go to the doctor as often as necessary to deal with your condition. Consistent treatment shows your condition is bothering you and is serious. If you do not treat for long periods, or treat off and on the Insurance company will argue that your problems improved and you no longer need medical treatment. Or if you wait a long time between treatments, then the Insurance company will say that it is not related to your work injury.

If the Workers Compensation Insurance company denies you treatment and you do not have your own health insurance, then you will have to go to trial to force the Insurance Company to pay for it. This is time consuming and frustrating but you have no choice.

Remember, you must seek medical treatment quickly and as often as needed to protect yourself and your Workers Comp case.

Call Illinois Attorney Dirk May with questions at 309-827-4371.

What Happens at a Workmans Comp Trial?

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

In Illinois, your Workers Compensation trial is usually held in a courthouse, or a building the Illinois Workers Compensation Commission rents for a few days a month. The place of the trial is usually not in a courtroom. 

The people present during your trial include the Arbitrator (the Judge), the court reporter, your lawyer, the insurance company attorney, and any witnesses needed.

There are no juries in Illinois Workers’ Compensation cases. Your lawyer will ask you questions first about your accident, the medical treatment, your bills, your time off work, and how you feel currently. The  Workers Comp insurance lawyer can ask you questions about the same areas.

Sometimes witnesses are necessary to testify about your accident or what someone has seen you do since your injury.

Exhibits that you usually have at trial are medical records, medical bills, accident reports and doctors’ depositions.

Most trials are done within one hour. The Arbitrator will not give an immediate decision. The Arbitrator will write out his decision and usually send it out within 60 to 90 days.

If you have any questions about your Workers Compensation trial call Attorney Dirk May at 309-827-4371.

Illinois Workers Compensation Statistics

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

The Illinois Workers’ Compensation Commission has issued statistics for fiscal year 2007. 

The number of cases filed for FY 07- 56,685

                                                FY 06-56,911

                                                FY 05-58,715

                                                FY 04-62,267

As you can see the number of cases filed are decreasing.

In FY 2007 the most injured body part was the back- 16% of filings; hand 12%; arm 10%.

Over the last 5 years 85% to 88% of workers compensation cases have been settled. That is right, the vast number of cases are settled without a trial. 

If a case does go to trial, on average 50% are appealed to the Commission level. That takes another 1 to 2 years to complete. Once a Commission decision is made, then 25% to 31% of these decisions are appealed to Circuit Court.

Women file 33% of the Workers Comp claims.

Work Comp Settlement Problems

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

In Illinois Workers Compensation cases, settlements are about more than money. 

Settlements also cover medical bills and close out future medical treatment.

Recently, an insurance company lawyer told me he had a pro se , a person who was not represented by a lawyer, with a settlement contract approved. The problem: the medical records showed he had continuing knee problems and the doctor said a total knee replacement would be needed at some point. The Arbitrator over looked this and approved the contracts. This results in the person never having access to future medical treatment for his knee. 

You must be very careful when settling your Work Comp case. No one is going to look out for you. Not the insurance company, not the Arbitrator. If you think you are going to need future medical treatment you need to discuss this with a lawyer.

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

Why does Work Comp take so Long?

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

In Illinois, Workers Compensation cases are not finished overnight. There are several reasons for this.

First, you cannot settle your case or have a trial until you are done with your medical treatment. If you run into complications this can, of course, extend your case for some time.

You can have an emergency trial if medical treatment is denied or time off pay is denied. However, this trial only resolves part of your case. You may have to have another trial to finish your case.

Second, the insurance company will usually require a deposition of your doctor. This will take time to fit in the doctor’s schedule so the testimony can be recorded for trial.

Third, the Arbitrator’s written decision will take anywhere from 45 to 90 days after the trial. Both sides can appeal. An appeal to the Illinois Workers Compensation Commission takes anywhere from 1 to 2 years. The case can be appealed from there to the Circuit and Appellate Courts.

Enough with the depressing news. Most cases do not take this long. Should you have any questions please feel free to call me, Attorney Dirk May at 309-827-4371.