August 2009


In Illinois, it used to be that if your employer did not have Work Comp insurance then you were out of luck.

The law requires almost every employer in Illinois to have Workers’ Compensation insurance. However, there are unscrupulous firms who do not pay for Work Comp insurance.

The good news is that there is a State Fund that pays for injured workers whose employer did not have work comp insurance.

The bad news is that the fund does not always pay out 100% of the benefits due and owing. It depends on how much is in the fund. The other bad part is that it can take several years to pay out.

In any event some money is better than zero.

Questions about your employer not have Work Comp insurance? Call Illinois Attorney Dirk May at 309-827-4371.

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The Workers’ Comp Insurance Company stops paying you.

The Work Comp company will not authorize your surgery.

Can they do that?

It is easy to say no. Especially if you are an Insurance Company.

In Illinois, the Work Comp insurance company can stop paying you and deny your treatment if they have a reason. That does not stop them even if they do not have a good reason.

The only way to fight back is to go to trial to get your benefits restarted, and to order them to pay for your medical treatment.

This will take time and it will be painful waiting because you will need to take your doctor’s depositions. The doctor’s schedule is usually booked several months in advance. The other delay will be the Insurance Company doctor’s deposition. That will also have to be scheduled.

Finally, the trial must be scheduled. This is time consuming, but it is the only way to force the Insurance Company to pay.

Please call Illinois Workers Comp Lawyer Dirk May at 309-827-4371 with your questions.

You cannot be paid a Workers’ Settlement in Illinois until you have a settlement contract.

Most of the time the Insurance Company attorney writes up the settlement contract. This may take some time. After the contract is completed and signed it must be approved.

The Arbitrator must approve the contract. This can be done in person at Workers Comp docket site, or through the mail.

Upon approval, the Insurance Company attorney sends it in for payment.

Payment is usually sent out from 2 to 6 weeks after the Workers’ Compensation company receives the approved contract.

Illinois Workers’ Compensation Law is based on your accident, medical treatment and wages.

Following are some tips to make your Work Comp Case stronger:

*File an accident report with your employer immediately. Include all body parts you think are injured. Get a copy for your records.

*Tell your doctor exactly what happened and everywhere you are hurting.

*Get off work slips from your doctor.

*Treat with your doctor on a consistent basis.

*Make sure all your wages are counted for the 52 weeks before you were injured.

More questions about Illinois Work Comp Cases and Settlements? Call Illinois Workmans Comp Lawyer Dirk May at 309-827-4371.