July 2009

In Illinois Workers Compensation Cases you must eventually settle your case or have a trial.

Usually the only way to have the possibility for future medical treatments is to go to trial and win.

This does not mean you will be given an insurance card and allowed to charge the Workers’ Compensation Insurance Company for your medical treatments.

If you have problems down the road with your Work Comp injury you will have to go to the Workers Compensation Insurance Company and ask them to pay for the future treatment.

Most of the time the Insurance Company will deny the treatment.

Then the injured worker will have to prove that his need for treatment is related to the original Work Comp injury.

This means you have to go to trial again before an Illinois Workers Compensation Commissioner.

Then you will have to argue the case before 3 Commissioners.

This could take 2 to 2.5 years.

You can get future treatment for your injury after you have had your trial, but it will take some time and effort.

More questions about future medical treatments? Contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371


1. See your doctor as soon as possible and tell them how you got hurt at work.

2. Earn a good wage. Seriously, in Illinois Work Comp your settlement is based on your average weekly wage the 52 weeks before you were injured.

3. Be willing to go to trial. Not every case should go to trial, but if you are ready and willing to go to trial then the value of your case can increase.

4. Know what cases like your case are worth. Every case is different. However, the other cases will give you a guideline.

5. Be patient. The more impatient you are, and the quicker you want to settle the weaker your bargaining position.

Questions about getting a good settlement? Call Illinois Workers Compensation Lawyer, Dirk May, at 309-827-4371.

The State of Illinois just passed a budget on July 15, 2009. The budget will result in a number of cuts throughout State Government and to Social Services Agencies.

People who work for the State of Illinois and who are injured will be paid their Workers’ Compensation but will have to continue to wait a long time.

Currently, it takes over 180 days to receive your settlement money. That is right almost 6 months wait time.

Most other settlements are paid out in 4 to 6 weeks.

It really is ridiculous. However, the State of Illinois makes vendors and injured workers wait a great deal of time to get paid.

Questions about Work Comp and what the State of Illinois must do for you as an injured State Worker? Call me, Illinois Workers Compensation Attorney Dirk May at 309-827-4371.

It appears that in Illinois there are more than a few injured workers who change their lawyers.

My take on this is that it is better to stick with your first lawyer because changing your lawyer delays your case. Your goal, of course, should be to settle for a fair amount in a timely manner.

You may have to change lawyers if they will not talk to you, or they refuse to take the case to trial if you tell them that is what you want.

However, most problems can be worked out if you are willing to talk with each other. Remember, both the lawyer and the injured worker want a fair settlement. It usually boils down to communication. If you can talk with each other, most issues can be resolved short of starting over.

In Illinois, the Workers’ Compensation Insurance Company uses an Independent Medical Exam to support its cases against you.

Do you have to go to the exam?

Do you have to go to more than one exam?

Yes, the Illinois Workers Compensation Law requires you to go to the IME exam. If you do not go, then the insurance company has grounds to stop paying you. Or your case could be denied if you refuse to go.

If the IME doctor agrees that your injury is work related, then the insurance company will usually settle with you.

If the IME doctor says your injury is not work related, then you are most likely in for a fight.

More questions about what the Work Comp insurance company is doing to you? Call me, Illinois Work Comp lawyer Dirk May at 309-827-4371.