October 2010



In Illinois Workers’ Compensation cases, with arm injuries it can be difficult to determine settlement value.

An arm has a total value of 253 weeks. The arm is usually awarded a percentage of the 253 weeks. For example, 10 percent is worth 25.3 weeks.

However, if you must change your job due to your arm injury you may be able to get up to 100 to 150 weeks.

If you have permanent restrictions as a result of your work accident, then this also increases your settlement value.

The problem with arm injuries is that they may need future surgery. You will need to cover the future medical needs in your settlement, or you will have to pay for them on your own.

Questions about arm injuries and your Workmans Compensation settlement? Feel Free to call Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.

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The Workers’ Compensation Insurance Company will sometimes refuse to pay you what is called TTD or Temporary Total Disability. This is equal to 2/3 of your average weekly wage.

Why? Because they feel like it. Or they want to force you to settle for a low amount.

It is really tough to fight the Workmans Compensation Company when it refuses to pay you. But you do not have a choice.

You must take the Work Comp Insurance Company to trial. It will take some time to get ready for the trial. However, the only way to get paid the money you are entitled to is show the insurance company you are ready for trial.

Questions about Work Comp and why you are not being paid? Feel free to call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.


What if Workers’ Compensation will not pay your medical bills?

Your only real choice is to file an Application of Claim with the Illinois Workers’ Compensation Commission and go after the Work Comp Insurance Company.

If the insurance company is not paying your bills they are telling you that they have denied your case.

The only way to fight this is to force the Work Comp insurance company to get a lawyer.

This shows them that you are ready to fight for the payment of your medical bills, your time off pay, and your settlement.

The Work Comp Insurance Company often hopes you will give up and go away.

Questions about why your work injury medical bills are not being paid? Feel free to call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

You cannot settle your Workers’ Compensation case in Illinois until you have reached Maximum Medical Improvement “MMI”.

Maximum Medical Improvement is when you are as good as you are going to get.

This may take some time. For example, you may a surgery and need physical therapy. The doctor may then want to do a second surgery. There is no magic time limit in Illinois Work Comp law when you must settle.

Sometimes the Workers’ Compensation Insurance Company will stop paying you temporary total disability to force you to settle.

If they stop paying you, then you must go to trial to force the insurance company to turn on your payments again.

Long term medical treatment is stressful. However, the Arbitrator needs to know what your permanent condition and restrictions are before she can rule on the value of your case.

Questions about your medical treatment and how it effects your settlement? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

In Illinois, you do not have to treat with the doctor the insurance company sends you to or recommends, but you do have to attend the IME doctor appointment.

These are two different animals in Illinois Work Comp law. Sometimes insurance companies or employers will send you to an occupational doctor for treatment purposes. Under Illinois law you have the right to treat with your own doctor. You do not have to accept the Workman’s Comp doctor.

However, when the Workers’ Compensation Insurance Company sends you a notice to attend a Section 12 Independent Medical Examination you must attend. The Work Comp Law says that if you do not go to the doctor, then the Insurance Company does not have to pay you any benefits. The purpose of the IME visit is not for medical treatment. It is to prepare  medical opinion testimony for purposes of trial.

You should be careful what you tell an IME doctor. The Insurance Company hires this doctor, and he may testify against your interests.

Questions about doctors and insurance company exams? Feel free to call Illinois Work Comp Lawyer Dirk May at 309-827-4371.