When to Settle Your Work Comp Case

In Illinois you cannot settle your Workers’ Compensation case until your medical treatment is completed.

There is no set amount based on your work injury.

Some states have a schedule to ties the settlement into the type of injury you suffered. That does not apply in Illinois.

You must negotiate your settlement with the insurance company.

The amount you receive is also based on your average weekly wage for the year before your injury.

You are not paid anything for pain and suffering in Illinois Work Comp cases.

The settle value is negotiated based on the type of injury, the treatment needed, and your average weekly wage.

You should attempt to settle your case as soon as you complete treatment and you feel comfortable at work.

You want to make sure that you will not need any additional medical treatment.

Settling sooner rather than later helps your case because it is fresh in everyone’s mind in the event you need to go to trial.

In addition, it is better to get the money today rather than wait 2 to 3 years.

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

What is Open Medical in Workers’ Compensation Cases

In Illinois you can get future medical treatment one of two ways in your Work Comp case.

You may settle the case and have it included in your contract.

This is very rare because the insurance company wants to close out the case and avoid paying for something down the road.

The other way is to have a trial.

If you win your case, this opens the possibility that you may seek medical in the future.

You will have to prove that your need for future medical is related to the original work injury.

You may have to have a second trial to get this future medical treatment approved.

So you must weigh whether it is worth it to fight a second time for the future medical treatment.

Some people want the settlement sooner and the certainty of the amount of money they will receive.

The trial itself takes longer and whatever the Arbitrator awards is what you get.

Just remember open medical is not an automatic pass for whatever treatment you want, whenever you want it.

Questions about your work injury? Feel free to contact Illinois Work Injury Attorney Dirk May at 309-827-4371.

What a Work Comp IME Means for You

When an insurance company sends you to an independent medical exam (IME) you must attend.

Under Illinois Law if you do not attend you will lose benefits and not be eligible for any settlement.

The IME doctor is hired by the insurance company.

The IME physician is not your doctor.

The IME doctor will not provide you any medical treatment.

The IME doctor may testify against you in your Work Comp case.

However, sometimes the IME doctor will rule in your favor.

This means that the insurance company will have to approve your treatment and pay your benefits.

Some tips to help you:

Be polite and nice to the IME doctor.

It may cause the doctor to provide a favorable opinion to you.

Make sure to take any medical records you may have or films of MRIs with you to the exam.

It does not hurt to be prepared.

Questions regarding your IME exam? Be sure to contact Illinois Work Injury Attorney Dirk May for a free meeting at 309-827-4371.