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.

 

To Appeal or Not to Appeal

Illinois Work Comp benefits are some of the highest in the country.

The dark side of Illinois Workers’ Compensation Law is the time it takes to get your treatment and money.

You are suffering without a paycheck and you are in pain. Many times the Insurance Company uses your plight to force you to settle.

This gets you money sooner, but may leave you with a long term health problem.

The other option is to take your case to trial. As discussed in earlier posts this takes some time to get to trial. The other problem with going to trial is that over 50% of the Work Comp cases in Illinois are appealed. This means you have to wait another 12 to 18 months to get a decision, and no pay to boot.

No one said it would be easy. But you have to weigh the pros and cons of settling versus trial. It is not a simple answer.

Questions about what to do? Feel free to call me, Illinois Workers Comp lawyer Dirk May at 309-827-4371.

 

Showing up is Important

Someone famous once said “90 percent of life is showing”. This applies to Illinois Workers’ Compensation too.

If you do not file an application, you cannot get Work Comp benefits.

It does not cost anything to file.

No attorney fees unless you win, and they are limited to 20 percent of what you recover.

You never know what the Judge will do. You cannot recover or settle until you file. And if the insurance company does not offer anything you can only recover if go to trial.

You never know what witness will say under the pressure of trial.

The bottom line is show up and be prepared; life is always surprising.

 

What is Important in a Work Comp Lawyer?

Here is my top 5 list of things to look for in your Illinois Workers’ Compensation Lawyer:

1. Do they know the law? You need someone who practices Work Comp law day in and day out.

2. Can they explain what is going? There are many procedures and laws that govern Illinois Work Comp law. You need to understand what is happening in your case.

3. Will they talk to you? If your lawyer will not return your call everything else falls apart.

4. Will they do what you ask? If you want a trial will they do what you ask? You should expect advice from your lawyer, but the ultimate decision is yours.

5. They cannot be afraid to lose. Not every case is a winner. But if you are afraid to show up for trial the other side will run over you.

Need to talk to an Illinois Workers’ Compensation Attorney? Call Dirk May at 309-827-4371.

 

Cannot Work Anymore?

If you were injured at work and cannot work for the rest of your life, then you must prove it.

In Illinois, the injured worker has the burden of proof.

Usually the only way to prove you cannot work anymore, in addition to showing all your medical problems, is to do an exhaustive job search.

It can take 4 to 6 months, sometimes longer, to look for a job and record the results.

This will take time and energy but it will be worth it if you can no longer work and are awarded lifetime benefits.