January 2010


Lately, I have seen some back cases that probably should not have been settled.

In Illinois Work Comp Law if you settle your case your medical rights are over in most situations.

If you have a trial and you win, you will at least reserve the right to future medical treatment.

This is key in back injuries. The problem is that many back cases get worse over time. The only way to protect yourself is to keep your medical rights open.

It takes some more time but it can be done to protect you in the future.

Questions about back injuries and Illinois Work Comp injuries. Feel free to call Dirk May at 309-827-4371.

What do you do if you cannot get your medical bills paid?

Under Illinois Work Comp law, you are entitled to have your bills paid if they are related to your workers compensation injury.

You can do this through a settlement agreement.

If the Workers Compensation insurance company will not pay the bills, then you have to force them to pay through a trial.

The settlement agreement should cover payment of the bills. If it does not, then you are personally responsible for payment of the bills.

Medical bills are usually the largest part of a Workers Compensation settlement so Insurance Companies will try to avoid payment.

Questions about medical bills, or Workers Compensation settlements? Please feel free to give me a call.

Illinois Carpal Tunnel Syndrome cases are getting tougher.

Work Comp Insurance Companies can find doctors who will testify that your work does not contribute to or aggravate your carpal tunnel.

Their doctors will usually say that only heavy vibratory tools, or hand intensive jobs such as jack hammer operators, or meat cutters, or car mechanics can get carpal tunnel syndrome.

The only way to combat this is to find a doctor who will look at your work activities and testify that your job aggravates your carpal tunnel. This can be done, but you cannot give up.

If you are located in Bloomington, Peoria, Pontiac, Springfield, Decatur or Champaign, Illinois please call me to discuss your Illinois Workers Compensation case.

In Illinois Workers’ Compensation Law you can argue that your injury resulted in a loss of your occupation. And as a result you are entitled to an increased settlement amount.

This is different from a loss of wage earning power due to permanent restrictions.

A loss of occupation means that your injury resulted in a situation where you can no longer perform your old job, but you may not have suffered a loss in wage earning power. For instance, you can get another job at close to the same rate of pay.

An example is a person who injures his shoulder, and cannot keep working on a production line that involves overhead reaching. He finds another job at a similar wage. He could argue that the value of his case is worth more than a traditional shoulder injury because he had to find another line of work.

Contact me to discuss your Illinois Work Comp Case. I handle cases all over Illinois, including Bloomington, Peoria, Champaign, Springfield and Pontiac.

Predictions are well, unpredictable. But some things are a safe bet.

Here is what I see happening in Illinois Work Comp for 2010.

* Insurance Companies will not easily pay for your medical treatment. By far, medical expenses are the most costly part of a Workers Compensation case so the Insurance Companies will be diligent in keeping down costs.

* Work Comp insurance companies will not willingly pay a fair settlement. Insurance companies must make money for their stockholders. So their first offer will be low. You also need to make sure they are using the correct average weekly wage, the proper body part, and have paid all your medical bills.

* Work Comp will not speed up. For the most part the biggest delay is the time it takes to get a doctor’s deposition. Doctors are more interested in treating their patients (can’t blame them) then in giving testimony for a Workers’ Compensation case. Another part of the delay is that is that the Insurance company wants to hold onto their money as long as possible.

Questions about Illinois Work Comp settlements or cases? I handle cases throughout Illinois, and most often in Peoria, Bloomington, Pontiac, Springfield, and Champaign, Illinois. Please feel free to call me at 309-827-4371. Ask for Dirk.