April 2010


Illinois Worker’s Compensation is certainly frustrating. They are supposed to pay you when you are off work, but they do not. What is going on?

In Illinois, the injured worker has to prove everything. This means you have to prove that you had an accident, that your injury is related to the accident, that you have medical bills, that you are off work, etc.

Many times the Work Comp insurance company disputes that the accident happened, or that it something covered by Workers’ Compensation Law, or that the Doctor has you off work. The Workers Compensation company, of course, benefits from not paying you.

These denials are discouraging, and they hurt your pocket book. You can take the case to trial, but it takes a long time sometimes anywhere from 6 months to 1 year. If Work Comp will not pay you, then your only choice is to go to trial. In some cases you can also seek penalties against the Insurance Company.

Got questions about your Illinois Work Comp case? Feel free to call Illinois Work Comp lawyer Dirk May at 309-827-4371.

Advertisements

What does it mean for Your Illinois Work Comp settlement if you cannot return to work, and what will happen?

  • The insurance company will want to find a job for you at all costs. Why?
  • If you cannot return to work because of your work injuries, then the Work Comp Insurance Company will have to pay you for the rest of your life.
  • The Insurance Company will most likely hire a vocational expert to help you search for a job. The vocational person works for the insurance company, not for you.
  • The job search will take some time and it will be like a full time job for you.

But remember this, if you give up on the search or do not cooperate the value of your settlement will drop dramatically. The Workers’ Compensation insurance company will not have to pay you for the rest of your life.

Problems with your Workers Comp insurance company? Feel free to call me and talk about it.

Does it pay to be patient in Illinois Workers’ Compensation cases?

Look at it this way. The more desperate you appear, the quicker it appears you want your money, the more reluctant you appear to be to go to trial in your case, the easier it is for the Work Comp insurance company to stick to a lower offer. They can sense when you have reached your need to resolve the case.

I realize it is difficult to battle through the stress and to overcome financial problems, but if you cannot fight back against the Work Comp company then you will not be able to be get the full value of your case.

In most cases, the best way to get full value is take the deposition of your doctors. This shows you mean business and locks in your doctor’s favorable testimony.

Questions about your settlement? Feel free to call Illinois Work Comp attorney at 309-827-4371.

In Illinois Workers’ Compensation Law it can make a difference in your settlement value if you cannot return to your old job because of your work injury.

For instance, if your work injury results in restrictions that keep you performing your former work, and you find another job that pays less money than your old job, then you may be entitled to difference in your wages.

The Work Comp law provides that you are entitled to 2/3 of the difference for as long as your condition exists. For example, if you made $16 an hour and your injury forced you into a $10 an hour job, then you are entitled to 2/3 of the $6 difference. This would be $4 an hour for as long as your condition existed.

As you can see, this could add up to be quite a bit of money over someone’s lifetime.

This is why it is very important to know what your permanent restriction will be, and how it will affect your job before you settle your Work Comp case.

Questions about Work Comp settlements? Feel free to call me, Illinois Work Comp Attorney, Dirk May 309-827-4371.