June 2008


Every time I go to trial on a Workers Compensation case or read an arbitrator’s decision I am reminded that the history of your accident is extremely important. This means what you tell your doctor or the emergency room shortly after you are hurt at work is crucial. 

For example, if you explain that you fell at work yesterday and hurt your leg it will show up in the doctor’s records. If you say your leg hurts and do not mention it happened at work your case could be in big trouble. Not only will your settlement value go down, but you may be denied altogether.

Remember the more details the better.

Having troubles with your Workmans Comp case? Call Attorney Dirk May to discuss your case at 309-827-4371.

 

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Many Workers’ Compensation Insurance Companies will deny medical treatment for an injured worker, and the only way to challenge this is to go to trial and ask the Arbitrator to order the insurance company to pay for the treatment. This process takes some time to go through and you will have to wait for your surgery or procedure.

Now there is another way to get your treatment, and it is faster than a trial. Some companies exist that will pay for the procedures  and wait for reimbursement from your trial award or settlement. This does not cost you any extra money. The companies have made arrangements with our law firm to start reviewing Workers Compensation cases in Peoria, Bloomington, Decatur and Champaign.

Should you have a case where you are being denied medical treatment please contact me immediately to discuss. Ask for attorney Dirk May at 309-827-4371.

In Illinois Workers’ Compensation law, there is no compensation for pain and suffering.

Years ago when the law was passed, there was a trade off between requiring an injured worker to prove negligence on the part of the employer and large awards that might be given for pain and suffering.

However, Illinois Workers’ Comp law does take into account how you are doing now after your injury. For instance, you are allowed to testify regarding what you notice about your back now. This is ultimately a form of pain and suffering.

The difference between a personal injury case and a workers compensation case is that pain and suffering usually has some relationship to the medical bills and the type of injury. In Workers’ Compensation the award is based on the wage and the injury and the treatment provided. So if you have a serious injury at a low wage job your recovery will be limited.

Any questions about your settlement value, feel free to give me a call.

In Illinois Workers Compensation law, medical records are very important to the judge (the Arbitrator) when he makes the decision on your case.

He looks for the following in your medical records:

  • History of your work accident
  • References to when your symptoms started
  • Restrictions
  • Off work slips

If it is not in your records that you had an accident at work, or that you complained of neck pain after your fall, the doctor had you off work for one month, or that you are on permanent weight restrictions, then you may have a problem.

You should tell your doctor all of your symptoms, what caused your problems, ask for off work slips, and ask what restrictions you may have.