Can a Workers’ Compensation Insurance Company make an offer and then take it away?

It does not happen very often but offers can be taken back.

Most insurance companies want to settle the case so they do not mess around and rescind or take back offers.

Insurance companies may also tell you that the offer is good for a limited amount of time.

You can always counter the offer the insurance company makes, but they are not required to respond.

In other words, the work comp insurance company may tell you this is as much as we will pay you.

It is also important to remember that offers cannot be held against the insurance company.

This means that if you reject the work comp insurance company offer and go to trial and the judge rules that you get less money than the original offer, then you cannot back to the insurance company and tell them you want the offer. Too late.

It is important to have a realistic view of your case.

This will help you know if the offer from the insurance company is fair, or whether you are leaving something on the table.

Questions about your work injury and its value? Feel free to contact Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.


What if you are injured and have permanent restrictions.

Do I have to try the job that Workers’ Compensation offers me?

You do if you want to increase the value of your settlement.

You need to see if you can perform the job.

If you cannot do the job, then you will have to return to your doctor and explain what keeps you from working the job.

This puts you in the position to argue the permanent restriction prevents you from your past job and the new job offered to you.

This means either that you cannot do any job or only a job that is even more restrictive.

You must make a good faith effort.

That means at least trying the job for a day.

Questions about your Work Comp settlement? Feel free to call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

WorkersCompensation.com's CompNewsNetwork – VIDEO: Ohio Man Caught Committing Fraud.

Click above to read. Yes, Work Comp insurance companies do video tape injured workers.

My cardinal rule for whether to settle your Workers’ Compensation case or not, is what is my fear about future medical. If you do not think you will have future medical needs regarding your injury, then it is okay to settle. Or if you think you have good insurance to cover future needs, increasingly rare isn’t it, then it is okay to settle. In the event you have any concerns regarding future medical needs you should not settle and you will need to have a trial. This is the only way to preserve future medical rights in Illinois, unless the Workers’ Compensation insurance carrier will agree to give you future medical rights in the settlement contract. It is rare for the insurance company to do this. Here’s what to look for in a workers compensation settlement.

Illinois Workers’ Compensation, or what some call Workers Comp or Workmans compensation, is based on your average weekly wage for the 52 weeks before your injury. The award or settlement for permanent partial disability is determined according to a formula. Workers compensation law gives a certain number of weeks for different body parts. The average weekly wage times 60% times the number of weeks results in your settlement or award. For example, if you have a back surgery and you make $500 per week and you are offered 20% of a person (500 weeks is the most you can receive for a what is called person as a whole or a back injury) the formula would be 100 weeks x $500 x 60%= $30,000. The amount of weeks goes up based on whether you have a surgery, and the restrictions you may have as a result of the injury. You may be entitled to a wage differential if you cannot return to your former job and you have to work at a job that pays you less money.

There is no award of damages for pain and suffering in Illinois Workers Compensation and the amount of medical expenses does not directly influence the value of settlement.

Should you want to discuss your workmans comp settlement offer or the value of your case please call workers compensation Attorney Dirk May at 309-827-4371.

Do you have an Illinois Workers Comp settlement offer and want to know if it is fair?

Please call me and I will review it with you.

I will answer your questions, discuss your case and your offer without obligation or charge.

Please call 309-827-4371 and ask for Workmans Comp lawyer Dirk May.

No surgical results are ever guaranteed, but back surgeries are especially problematic. There are often complications and lingering pain.

In Illinois Workers’ Compensation Law if you settle your case after a back surgery, then any further treatment you may need is no longer the responsiblity of the Workers Comp insurance company. The only way to cover future medical treatment is to have a Workers’ Compensation Hearing. The Hearing will result in a ruling from the Arbitrator that will award benefits and medical payments. If you win your workmans compensation case, you are automatically provided with the potential for future medical treatment.

The main thing to remember is that after a surgery related to a work injury, if you settle your workmans comp case, all medical stops.

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