December 2007


The injured worker must prove everything. Including that an accident happened, and that medical treatment is related to the injury. The way to prove that your medical condition and treatment is related is to have your doctor write a report stating his opinion on this issue. The insurance company attorney can object to the report. This means the doctor must testify.

In Illinois Workers’ Compensation cases doctors do not testify live at your trial. The doctor testifies in his office and a court reporter takes down the testimony. Your attorney asks the doctor questions, and then the insurance company lawyer asks the doctor questions. The Arbitrator will read the deposition transcript after you testify, and she will also read the medical records and come to a decision.

Depositions often take some weeks to months to schedule because the doctor is usually very busy. The doctor has to take one hour to one hour and one-half for the deposition. Once the deposition or depositions are completed the case can be scheduled for trial in a relatively short time.

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While we pause to celebrate Christmas, let us remember whatever our lot, our pain, our hardship, God has bent down and sent the greatess gift in Jesus. May the light of His most wonderful gift sustain us.

The size of your paycheck that is. In Illinois, your Workers’ Compensation settlement or award is based on your average weekly wage for the 52 weeks before your injury.
Some states pay everyone the same based on the injury. But not Illinois, so make sure the amount the insurance company claims you were paid is correct.

Overtime can be included if it was required and worked on a regular basis.

You can also add wages from a second job if your employer was aware of the second job.

If something doesn’t look write about your wage calculations give me a call and I will review it with you.

If you have a Workers’ Compensation case and have also filed for Social Security Disability you must let your Workers’ Compensation attorney know about your disability claim.

The reason is that Workers’ Compensation settlement will count against your Social Security disability benefits and reduce your payment amounts unless special language is added to your settlement contract.

Your lawyer cannot add the language to your settlement contract unless she knows that you have filed for Social Security disability.

 If you need more information give me a call. I cover the Bloomington, Peoria, Champaign and Springfield, Illinois region.

There is no sense in winning your Social Security disability case and then not being able to collect the money because of your Workers’ Compensation settlement.

There are several reasons the Workers’ Compensation insurance company will not pay for a work injury.

If your employer tells them there was no accident reported they will often refuse to pay.

If your medical records do not provide a history of being injured on the job they will refuse to pay.

If your employer claims to have witnesses who know you were not hurt on the job, or that you told someone you were injured outside of work they will refuse to pay.

If you were injured in the parking lot there are some cases in Illinois that provide, depending on the circumstances, you may not be entitled to compensation.

If the Workers’ Compensation insurance company refuses to pay you should contact an attorney and request a hearing. This will force the insurance company to hire an attorney and decide whether to defend the case at hearing, or pay you.