October 2009

What about videotaping and Illinois Workers’ Compensation Law?

Insurance Companies will on occasion send out an investigator to tape an injured worker.

This is legal as long as they do not trespass, and video tape only. No audio is allowed without your permission.

Insurance companies will do this to try to prove that your condition is not as bad as you claim.

For instance, I have seen videotapes of someone dancing (back injury alleged), roofing (shoulder injury alleged), tuck pointing (permanent total disability claimed).

The most important thing to remember is that someone may be video taping you. Be on the safe side and you will not have to explain your actions at trial.


Workers’ Compensation Insurance Companies want you to accept their offers and close out your case.

Remember they want to settle at this time of the year to get cases off their year end books.

But if you try to negotiate with the Work Comp Carrier, they will often tell you no and hope you will give up. They will also tell you that going to an Illinois Work Comp lawyer will eat up your settlement. Not true. The Workers’ Compensation Act in Illinois says that a lawyer can only charge you a fee on the amount over written offer.

In other words, the lawyer only gets a fee on the additional amount he gets for you. The insurance company does not want you to know this.

Get all the facts about your Work Comp case so you can make the best decision possible.

Call Illinois Work Comp Lawyer Dirk May with your questions at 309-827-4371.

Just like in anything else- first impressions are very important in Workers’ Compensation trials.

When you testify before the Arbitrator you should:

* Look the Arbitrator in the eye. It shows interest, and truthfulness.

* Speak up. The court reporter has to record every word you say. The Arbitrator wants to be able to understand your testimony.

* Do not get angry. Workers Comp is often frustrating, but the trial is not the time to show your anger. The Arbitrator did not cause your problem. Remember she is going to decide your case.

* Tell the truth. Any inconsistent testimony will most likely cause you to lose.

Need more information about Workers’ Compensation? Call Illinois Work Comp Lawyer Dirk May at 309-827-4371.

In Illinois you are not required to give a statement to the Workers’ Compensation Insurance Company.

The problem with giving a statement is that the insurance company can use it against you later at trial. Statements are taped, and the insurance company representative asks the questions. If you testify differently at trial, then they will try to make it look like you are a liar.

Accident reports are different. They are on company forms and are in writing. They can help your case as long as they are completed at, or around the time of the accident.

However, you need to make sure they accurately reflect what happened at the time of the accident, and they explain what parts of your body you injured.

Questions about how to deal with Insurance Companies? How to complete accident reports? Call me, Illinois Workers Compensation Attorney Dirk May, at 309-827-4371.

When you settle your Workers Compensation case in Illinois you must sign a contract and have it approved by an Arbitrator.

Most contracts provide that any future medical treatment is the responsibility of the injured worker.

That is why the insurance company wants to settle. Once you sign, then they have no more responsibility for medical treatment. Many times this works out fine for both the injured worker and the insurance company because you are healed and ready to go back to work.

The problem is if you need future medical treatment what do you do?

The choice is prepare your case for trial, or negotiate future medical in your settlement contract. Putting future medical in your contract is very difficult.

Questions about how to do this, or options you may have? Call me, Illinois Work Comp Lawyer Dirk May, at 309-827-4371.