Changing Lawyers

It appears that in Illinois there are more than a few injured workers who change their lawyers.

My take on this is that it is better to stick with your first lawyer because changing your lawyer delays your case. Your goal, of course, should be to settle for a fair amount in a timely manner.

You may have to change lawyers if they will not talk to you, or they refuse to take the case to trial if you tell them that is what you want.

However, most problems can be worked out if you are willing to talk with each other. Remember, both the lawyer and the injured worker want a fair settlement. It usually boils down to communication. If you can talk with each other, most issues can be resolved short of starting over.

 

What is an IME?

In Illinois, the Workers’ Compensation Insurance Company uses an Independent Medical Exam to support its cases against you.

Do you have to go to the exam?

Do you have to go to more than one exam?

Yes, the Illinois Workers Compensation Law requires you to go to the IME exam. If you do not go, then the insurance company has grounds to stop paying you. Or your case could be denied if you refuse to go.

If the IME doctor agrees that your injury is work related, then the insurance company will usually settle with you.

If the IME doctor says your injury is not work related, then you are most likely in for a fight.

More questions about what the Work Comp insurance company is doing to you? Call me, Illinois Work Comp lawyer Dirk May at 309-827-4371.

 

Insurance Companies and Settlements

The bad economy affects everything, even Illinois Workers’ Compensation settlements.

Insurance Companies are losing money just like lots of other businesses. They want to keep down the amounts they pay out for Workers’ Compensation settlements.

Taking the first offer the insurance company makes definitely plays into their hands.

Understanding your injury, restrictions, and possible future medical needs is very important.

The insurance company motivation is to close out your case. When you settle your case the insurance company knows exactly how much they must pay in medical expenses.

You can use the need for additional medical expenses as leverage against the insurance company.

Questions about other ways to increase your settlement, Call Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.

 

The Most Important thing to Know about Work Comp?

The most important thing to remember about Workers’ Compensation in Illinois is to tell your doctor how you got hurt on the job.

If you do not tell the doctor or medical provider you were hurt on the job, then you will most likely lose your case and not receive a Work Comp settlement.

The Workers Compensation insurance company and the Arbitrator look very closely at what appears in your medical records. If you tell your doctor that you fell over a box at work and twisted your knee and felt immediate pain, then it will show up in the records.

If you do not tell the doctor anything, then most Arbitrators and Work Comp companies will assume that you did not get hurt at work.

Why? The injured worker must prove everything. The only way to prove accident is through the medical records close to the time of the injury, an eyewitness, or an accident report completed the same day or close to the accident date.

Questions about proving your Illinois Workers Comp claim? Feel free to call me, Attorney Dirk May, at 309-827-4371.

 

Lifetime Benefits

Insurance Companies do not give away money. Especially in these tough economic times.

If you are permanently and totally disabled they will make you work hard for your money.

You will have to do a long and exhaustive job search. This will mean filing many job applications per week and keeping detailed records.

The Workers Compensation insurance company will have to pay you to do the job search, so this will be just like working another job.

If you do this and you are truly unable to work, then you will be adding a large amount of money to the value of your case.

If you do not carry out the job search, then you will be losing a large amount of money that the Workers Compensation insurance company should be paying you.

The choice is really yours.

Do you need a Workers Comp lawyer who understands what the insurance company is doing and who will work as a partner with you to get the benefits you are entitled to under the Illinois Workers Compensation Law?

Call me, Illinois Workers Compensation attorney Dirk May, at 309-827-4371.

 

Work Comp Settlement Examples

In Illinois, Workers Compensation Settlements are not standardized. In other words, each settlement is different.

Here is an example of how a settlement is figured.

Assume that you have a herniated disk in your back, and surgery is not recommended. The doctor says that you are released from care and you can return to your job.

The Illinois Workers’ Compensation Act provides that the back is worth 500 weeks in total.

Assume both sides agree that the disk problem is worth 10% of the back. 10 percent of 500 weeks equals 50 weeks.

The last part of the settlement is your wage. The law provides that your wage is figured on the 52 weeks before you were injured.
Assume that you make $500 per week. You then must multiply your average weekly wage by 60 percent. $500 times 60% equals $300.

$300 times 50 weeks equals $15,000

As you can see, your wage makes a big difference in your settlement value.

Questions about how your wage was figured, or why the insurance company offered you a certain amount? Call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

 

What does it cost to hire a Workmans Compensation Lawyer?

Everyone wants to know what they will have to pay for a good or service. Especially, what will be the cost for a lawyer.

The good news in Illinois Workers’ Compensation cases is that there are no up front fees.

You do not have to pay a fee to have the lawyer start on your case.

You also do not have to pay hourly fees as your case moves forward.

You only pay 20% of whatever the attorney recovers for you. Usually at the end of the case. However, if the Insurance company denies you benefits and the lawyer gets them to pay temporary total disability benefits while you are off work then the lawyer can charge you 20% of those payments also.

The lawyer will often pay all your costs-medical records, depositions- for you upfront. You will pay for the costs from your settlement.

This makes it easier for you to hire a lawyer to protect your rights.

Paying 20% of your settlement or award is usually well worth it to make sure you get the correct amount, and to make certain you get future medical treatment if necessary.

Questions about using a lawyer? Please call Workers’ Compensation Attorney Dirk May at 309-827-4371.

 

When do You need a Workers Comp Lawyer?

You need to contact a Workers Compensation Lawyer immediately if you find yourself in one of these situations:

* You are injured and not being given medical treatment;

* Your medical bills are not being paid;

* You are off work and are not being paid 66% of your average weekly wage;

* You have not been made an offer to settle your case;

* The settlement offer made to you is not fair; or

* You think you will need future medical treatment.

Need to talk to an Illinois Work Comp attorney? Call me, Attorney Dirk May at 309-827-4371.

 

Need Work Comp Treatment?

Last time we discussed what can be done if you need prescriptions for your Workers’ Compensation injury.

The other major need is medical treatment.

If Work Comp insurance will not pay for your medical treatment, the options are go to trial, have group medical pay for the treatment, or have a third party pay.

Going to trial takes quite some time. If group will pay this may be the easiest. However, if you do not have group health or it will not pay then you may have another choice.

I have had a third party who will pay for medical treatment for some of my clients. Should you need medical treatment please call me, Attorney Dirk May, at 309-827-4371.

 

Need Workers Comp Prescriptions?

Sometimes the Work Comp Insurance Company will refuse to pay for work injury related prescriptions, or delay in approving payment.

The options for the injured worker are to pay out of pocket or pay the co-pay, go without, or go to court.

Going to court takes too long in the cases of prescriptions.

Paying the co-pay or out of pocket can become expensive.

Another possibility is to have a third party pay for the prescriptions and they will be repaid at the end of the case.

I have had success with a vendor who will provide 24 to 48 hour delivery service to my clients.

Should you find yourself in the situation of needing a Work Comp prescription without upfront payment please give me, Attorney Dirk May, a call at 309-827-4371.