May 2010

Most Insurance Companies in Illinois will not include future medical treatment in a settlement contract. Why not?

Medical bills represent most of the expense of Workers’ Compensation in Illinois. Projected several years ahead, the medical expenses will just increase. So you can see that the Insurance Company does not want to pay for the medical bills. When the settlement contract is signed it closes out, or prevents, future medical.

If you need future medical treatment you will most likely have to have a trial. If you win you will be entitled to future medical.

However, future medical is not easy to get. Usually  you will have to go through another trial, and then argue your case before 3 Commissioners. This can take several years. So it is not an easy process.

More importantly, the threat of future medical may result in increased settlement value because the Insurance Company wants to avoid the exposure.

Questions about future medical and your Work Comp settlement? Feel free to call me, Illinois Work Comp Lawyer, Dirk May at 309-827-4371.


In Illinois Workers’ Compensation cases, pain and suffering is not part of the settlement.

This is different from personal injury cases where pain and suffering and the amount of medical bills are the main part of the calculation.

However, your testimony about your ongoing pain and suffering is important in your Work Comp settlement. Your restrictions are also very important to the value of your settlement.

Whether you have a surgery is also important in Illinois Work Comp cases.

In addition, your average weekly wage makes a big difference in the amount of your settlement.

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

There may be a number of reasons that the Workers’  Compensation Insurance Company is denying your claim.

I have seen many of these reasons given for not paying injured workers or not approving medical treatment:

  • You got hurt somewhere else. It is not work related.
  • You did not treat with a doctor until a long time after your injury.
  • You treated with a doctor, but you stopped treatment and did not start treatment until a long time later.
  • You did not report your injury to work.
  • Your history of injury at work is not recorded in the doctor’s notes.
  • The insurance company doctor says the work accident did not cause your current condition.
  • The insurance company doctor says you are now fine and can return work.

Questions about why Work Comp is not paying you or your bills? Feel free to call me and talk about your case.

Another example of why you should not always trust what the Workers Comp company offers you for settlement.

Someone called me to ask about their settlement offer. On the surface it appeared to involve a lot of money, but the details of the offer are important.

If you will never work again there are minimum amounts of weekly benefits that must be paid. Some future medical payments can only be used toward medical bills. They cannot be used for any other purpose. Once you compare the details the offer may not be as good as it appears.

If you cannot work again, the money must cover you for the rest of your life. So what looks like a lot of money today may not look so good 5 years down the road.

In Illinois, a settlement based on permanent total disability is worth much more than a typical lump sum settlement.

The insurance company will not willingly pay a perm total settlement. That is their maximum exposure.

Questions about your settlement offer? Feel free to call me to discuss.