Bloomington IL Work Comp Attorney

How is the Workers’ Compensation Settlement Determined?

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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.

 

What to do in Case of Work Injury

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Keep this list in your wallet so that you have it ready for yourself or a co-worker or friend in case of injury.

    1. Go to the doctor immediately.
    2.  Complete an accident report as soon as possible. Keep a copy for yourself.
    3. Tell your supervisor about the accident.
    4. Tell the doctor about every body part that you injured.
    5. Tell the doctor how you were injured at work.

Following these simple steps will strengthen your work injury case and keep the insurance company from denying your benefits.

If the Workers’ Compensation insurance company wants to take a statement from you regarding the accident, call a Work Comp lawyer right away. The insurance company can use any statement you make against your interest.

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

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Medical cannabis is becoming more a part of Workers’ Compensation and Social Security Disability cases in Illinois. Lack of doctors who prescribe will make it more difficult for patients who may benefit from the drug.

Make Sure You Understand the Judge

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Understanding the Judge in your Social Security Disability and Workers’ Compensation cases is very important.

An experienced Workers’ Compensation and Social Security Disability lawyer will understand what the Judge expects and their temperament.

The lawyer can give you insight into the questions that will be asked at the trial and why they are being asked.

Some Judges are arrogant and expect to be treated with great deference.

Other Judges are easy going and just want to do the right thing by the law and the evidence.

Whatever the type of Judge you may have, respond and act politely and it will help you.

Make sure that you explain your accident, condition and limitations in a way that is believable and paints an accurate picture of your daily activities.

Expert help is available to you with no upfront costs.

Social Security Disability cases and Workers’ Compensation cases restrict attorney fees to a percentage of your recovery at the end of the case.

This ensures that the lawyer is not paid unless you recover money.

Questions about getting the custom legal help you need? Make sure to contact Illinois Workers’ Compensation and Social Security Disability Attorney Dirk May at 309-827-4371.

Another Tip for Work Injuries

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Arbitrators in Illinois Workers’ Compensation cases rely heavily on what is called the “history of accident” found in medical records.

The Arbitrator is the Judge who makes the decision in your case.

If the Arbitrator does not find the proper history of accident or injury in the records she may deny your case and you will receive no money for your claim.

The basis for relying on the history of accident in the medical records is that what you tell the doctor or hospital workers at the time of your work injury will be the closest to the truth because it happened at or near the time of the accident versus something you tell the Arbitrator or someone else months or several years later.

For instance, if there is nothing in the medical records regarding your work accident then you most likely lose your case.

If the history of accident in the medical records is dramatically different from your testimony at trial, or if the description of the accident changes over time then you will most likely lose your case.

Make sure that on your first hospital or doctor visit that you tell each person your injury happened at work, how it happened and what body parts were injured.

Write down this information and take it with you to each medical visit.

This will make your Workers’ Compensation case strong when the insurance company tries to deny your claim.

Questions about your work injury case? Make sure to call Illinois Work Comp Lawyer Dirk May at 309-827-4371.