March 2008


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.

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The most recent Illinois Workers’ Compensation report shows the number of cases filed have dropped from fiscal year 2001- 71,038 to fiscal year 2006- 56,911. This could be the result of increased work place safety measures or the loss of industrial jobs, or possible changes in the Workers Compensation law that may reduce filings.

The most injured body part is the back: 17% to 18% of claims over the past 5 years.

Close to 85% to 89% of Workers Compensation cases are settled.

Over the past 5 fiscal years the number of trial decisions issued range from 2800 to 3800 per year.

Approximately 50% of the arbitration decisions are appealed, and around 30% of the Commission decisions are appealed.

Illinois ranks 10th lowest in terms of injury rates.

If the Workers’ Compensation insurance company will not authorize your medical treatment and you have group health insurance you may be able to submit your claim through group and get treatment. This is the fastest way to get treatment.

If you do not have group health insurance, then you will have to proceed to trial to have the Arbitrator order the insurance company to pay for your treatment. This approach will take some time because you must have your doctor testify that you need treatment and that it is related to your work injury. In addition, the insurance company will most likely want to send you to their doctor and have you examined so that the doctor can testify against you if the doctor believes the injury is not related to your work accident.

Should you have any questions and you live in Central Illinois please feel free to contact me, Dirk May, Workers’ Compensation lawyer taking cases in Bloomington, Peoria, Champaign, Decatur and Springfield, Illinois.

In Illinois workmans compensation cases you can be paid for what are called “repetitive trauma” accidents.

The repetitive trauma workers compensation cases can involve hands, arms or your back. The conditions include, among others, carpal tunnel, cubital tunnel, rotator cuff tears, and degenerative disc disease.

In a repetitive trauma case you cannot identify a specific incident that led to the injury. The time of accident is usually the time of diagnosis, or the last date of work, or the point when a reasonable person would be aware of the problem.

In Illinois your work activities do not have to involve using a jack hammer, working continously on an assembly line, or heavy use of vibratory tools. It is enough to work a job that requires you to use your body in activities that place stress on your back, hands and arms. Such as computer work, lifting and turning patients, driving over rough roads or consistent bending and lifting.

As soon as you are aware of the repetitive trauma diagnosis or are experiencing pain, numbness or tingling you should file an application of claim.

Every so often a person will tell me that someone they know received a lot more for their Workers’ Compensation case then they are being offered. What is going on?

In Illinois, Workers’ Compensation is based on your average weekly wage. This means that you can receive a lot more money for the same injury as another person who earns much less money. The other factor is the severity of the injury. If you have a bad surgical result, or have multiple surgeries then you may receive more compensation.

Another factor in workmans comp is if you end up with permanent restrictions, then you will most likely be awarded more money.

Finally, some people just like to tell a good story. Maybe they did not receive as much money in their workmans compensation case as they claim.