May 2014


One of the most important things to know in your Workers’ Compensation case is whether or not you should settle.

Sometimes there is no question about what you should do.

For instance, if the Work Comp insurance company refuses to give you an offer then you have to go to trial. No question about it.

However, if you receive a decent offer then you must decide whether to accept it or go to trial.

You must honestly assess your case.

What defenses does your employer have?

Did you report your accident right away?

Did you complete an accident report in a timely manner?

Is there a gap in treatment between your accident date and your medical treatment?

Did you accurately describe your accident to your doctor, and its relationship to your work?

Did you treat consistently and according to doctor’s orders?

Did you have past problems before your accident date, or did you have accidents outside of work after your work accident?

If you have flaws in these areas they can really damage your case.

If the Workers’ Compensation insurance company gives a reasonable offer and you have problems with your case then it makes sense to settle your case.

When you have a trial the Arbitrator rules and awards you the amount she thinks is proper. Any settlement offers you may have had go away once you go to trial.

It is better to walk away with money in hand, then to go into a trial and risk everything.

Questions about your Work Comp case? Feel free to call Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

2014 – 05/28/2014 – US Department of Labors OSHA cites Chicago engineering company again for failing to protect construction workers from serious dangers in 2014.

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OSHA violations for failing to protect workers from trench cave-ins. An injured worker may file a Workers’ Compensation claim and notify OSHA of potential violations.

WorkersCompensation.com CompNewsNetwork – COURT IN NEW MEXICO ORDERS EMPLOYER TO REIMBURSE INJURED WORKER FOR COSTS OF MEDICAL MARIJUANA.

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Very interesting case. I wrote about the Illinois Cannabis Law in the past. It expressly provides that a health insurance company cannot be required to pay for Medical Marijuana. Will this exclude an employer or a Workers’ Compensation insurance company from being required to pay for medical marijuana? There will most likely be a test case in the next couple of years.

You can make sure that your Illinois Workers’ Compensation case goes as smoothly as it can.

One of the most important factors in your case is what you say.

This means what you tell your supervisor, your doctors, and the Arbitrator at trial.

Telling your supervisor immediately that you are injured and completing an accident report will make things run smoothly later on.

Telling your doctor how you got hurt and what parts of your body are injured is very important.

I have seen medical records that quote the injured worker as saying “no known cause of injury”, or “does not know how this happened”, or “made worse while working in garden at home”. These type of statements will damage your case.

When testifying before the Arbitrator remember that she is the one who will decide your case.

Do not argue with Arbitrator, the other attorney, or anyone else.

Be polite and think carefully before you answer any questions.

If the Arbitrator thinks you are exaggerating, or hiding something, or you are disagreeable then you are toast.

There is a human element to every case. Make sure that you do not alienate the Arbitrator.

If you say the right things, in the right way, at the right time, then your case will be much stronger.

Questions about how to make sure case is as strong as possible? Feel free to call Illinois Work Comp Attorney Dirk May with Williams and Swee at 309-827-4371.

Police Unions Want Workers’ Comp Benefits for Officers with PTSD « CBS St. Louis.

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Illinois law allows for mental trauma related to a physical injury. Mental trauma alone is more difficult. However, something dramatic happening will most likely result in a compensable case.

WorkersCompensation.com CompNewsNetwork – Why Workers Comp Claims Will Continue to Trend Downward.

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In addition, there are some people who will not file a Workers’ Compensation claim if they believe they will be fired as a result. Job growth has not been robust so there are fewer people working.

NFLPA may block playoff expansion due to Saints' workers comp issues.

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Yes, even professional football players can file for Workers’ Compensation. The amounts available vary from state to state. Illinois benefits are among the highest in the country.

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