What takes so long to Settle?

Waiting for your Illinois Workers’ Compensation settlement sure seems like it takes forever. What is up?

The insurance company lawyer has to get approval for everything from the insurance company adjuster. The adjuster works somewhere separate from the attorney. Some adjusters are good and some are bad regarding responding to offers.

The only option when the insurance company is slow in responding is to set the case for trial. This does not necessarily speed things up, but it shows you are serious and the insurance company has to spend their money on their lawyer.

Eventually you may have to prepare for trial to get an offer. This will cost you extra money because you will have to pay a doctor to testify on your behalf. But you may have to do this to get the offer you want.

 

Happy Thanksgiving!

A Blessed Thanksgiving to All.

I like this hymn by Johnson Ortman, Jr.

Count Your Many Blessings

When upon life’s billows you are tempest tossed,
When you are discouraged, thinking all is lost,
Count your many blessings, name them one by one,
And it will surprise you what the Lord hath done.

 

Overtime- Does it Count?

In Illinois Workers’ Compensation Law your wage is very important in deciding the value of your settlement.

Your average weekly wage for the 52 weeks before your accident date times 60 percent is the deciding factor in your rate.

Overtime can really increase your wage.

Illinois law requires overtime to be mandatory and worked on a regular basis.

You can prove mandatory overtime through a union contract, a written policy, testimony of other workers, or agreement of the parties.

It is often worth it to fight for your overtime because it really can increase the size of your settlement.

 

What is a Workers Compensation Arbitrator?

In Illinois, the Workers’ Compensation Arbitrator is the judge who decides the case if it goes to trial.

The Arbitrator is hired by the State of Illinois. The Arbitrator is a neutral. In other words, the judge cannot favor either the insurance company or the injured worker.

The Arbitrator may be a lawyer, but does not have to be. To become an Arbitrator you must pass a test, and be selected through the Governor’s office. Once you become an arbitrator it is almost a lifetime job.

Commissioners are the next level up from Arbitrators. Commissioners act as a reviewing body for appeals from Arbitrator’s decisions. Three Commissioners serve on what is called a panel to hear appeals.

In contrast to Arbitrators, only one Commissioner on a panel is a neutral, one Commissioner is a labor representative, and one Commissioner is a business representative.

Commissioners do not have to pass a test. They must be a lawyer, or have a labor relations background. They are appointed by the Governor, and confirmed by the Senate. They serve for a specific term, and can be reappointed.

 

Settlement Season

Some Workers’ Compensation Insurance Companies are very interested in settling their cases by the end of the year.

This means you may be getting an offer to settle very soon.

You should review the offer carefully.

Is it fair?

Will you need more medical treatment in the future?

Are all your medical bills going to be paid?

Do you understand all the contract language?

If you are in Illinois and need someone to talk with about your Work Comp case feel free to call me, Attorney Dirk May at 309-827-4371.

 

Is Someone Watching?

What about videotaping and Illinois Workers’ Compensation Law?

Insurance Companies will on occasion send out an investigator to tape an injured worker.

This is legal as long as they do not trespass, and video tape only. No audio is allowed without your permission.

Insurance companies will do this to try to prove that your condition is not as bad as you claim.

For instance, I have seen videotapes of someone dancing (back injury alleged), roofing (shoulder injury alleged), tuck pointing (permanent total disability claimed).

The most important thing to remember is that someone may be video taping you. Be on the safe side and you will not have to explain your actions at trial.

 

Work Comp Insurance Company Settlements and Offers

Workers’ Compensation Insurance Companies want you to accept their offers and close out your case.

Remember they want to settle at this time of the year to get cases off their year end books.

But if you try to negotiate with the Work Comp Carrier, they will often tell you no and hope you will give up. They will also tell you that going to an Illinois Work Comp lawyer will eat up your settlement. Not true. The Workers’ Compensation Act in Illinois says that a lawyer can only charge you a fee on the amount over written offer.

In other words, the lawyer only gets a fee on the additional amount he gets for you. The insurance company does not want you to know this.

Get all the facts about your Work Comp case so you can make the best decision possible.

Call Illinois Work Comp Lawyer Dirk May with your questions at 309-827-4371.

 

Appearance Counts- Tips for Your Workers’ Compensation Case

Just like in anything else- first impressions are very important in Workers’ Compensation trials.

When you testify before the Arbitrator you should:

* Look the Arbitrator in the eye. It shows interest, and truthfulness.

* Speak up. The court reporter has to record every word you say. The Arbitrator wants to be able to understand your testimony.

* Do not get angry. Workers Comp is often frustrating, but the trial is not the time to show your anger. The Arbitrator did not cause your problem. Remember she is going to decide your case.

* Tell the truth. Any inconsistent testimony will most likely cause you to lose.

Need more information about Workers’ Compensation? Call Illinois Work Comp Lawyer Dirk May at 309-827-4371.

 

Accident reports and Insurance Company Statements

In Illinois you are not required to give a statement to the Workers’ Compensation Insurance Company.

The problem with giving a statement is that the insurance company can use it against you later at trial. Statements are taped, and the insurance company representative asks the questions. If you testify differently at trial, then they will try to make it look like you are a liar.

Accident reports are different. They are on company forms and are in writing. They can help your case as long as they are completed at, or around the time of the accident.

However, you need to make sure they accurately reflect what happened at the time of the accident, and they explain what parts of your body you injured.

Questions about how to deal with Insurance Companies? How to complete accident reports? Call me, Illinois Workers Compensation Attorney Dirk May, at 309-827-4371.

 

Work Comp Settlements and Future Medical

When you settle your Workers Compensation case in Illinois you must sign a contract and have it approved by an Arbitrator.

Most contracts provide that any future medical treatment is the responsibility of the injured worker.

That is why the insurance company wants to settle. Once you sign, then they have no more responsibility for medical treatment. Many times this works out fine for both the injured worker and the insurance company because you are healed and ready to go back to work.

The problem is if you need future medical treatment what do you do?

The choice is prepare your case for trial, or negotiate future medical in your settlement contract. Putting future medical in your contract is very difficult.

Questions about how to do this, or options you may have? Call me, Illinois Work Comp Lawyer Dirk May, at 309-827-4371.