Workers Comp Settlements


Why does the Workers’ Compensation insurance company refuse to pay you a large settlement on your work injury claim?

In Illinois, the value of your settlement is based on your wage for the 52 weeks before you were injured.

This means that your settlement will be smaller if you only worked part-time or if you earned minimum wage.

People who are high wage earners will have higher settlement offers in most instances.

Sometimes the insurance company is refusing to pay a large settlement because it believes your case is weak. Maybe there is a defense they believe they have. Such as an injury that happened at home after your work injury that has made your condition worse.

If you have had limited medical treatment, then the Work Comp insurance company will reduce the value of your case.

If you have no restrictions as a result of your injury, then the insurance company may decide to reduce the value of your settlement.

In some cases the Workers’ Compensation carrier is trying to take advantage of you.

In the event you have received an offer that you think is unfair, then you should ask an experienced Workers’ Compensation lawyer what they think. This will not cost you any money.

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

In Illinois if you are injured on the job and you have to receive medical treatment for your injury, then you are entitled to a settlement in most cases.

Some insurance companies are either telling people that they are not entitled to a settlement, or the insurance company fails to make a settlement offer to the injured worker.

The insurance company is hoping that the injured worker will walk away and not file a work comp claim in a timely manner.

Some settlements may be small but there is at least there is some payment of money.

In Illinois the Workers’ Compensation settlement is based on the average weekly wage 52 weeks before the injury date times 60 percent. The number of weeks for the injury is negotiated between the parties.

If you are not receiving an offer, or you receive what you think is a low offer, then you should contact an experienced Illinois Workers’ Compensation lawyer to discuss your next step.

It does not cost anything upfront to hire a Work Comp lawyer. All fees are paid when you receive your money and they are limited to 20 percent.

It makes sense to have someone advising you and explaining the rules and law when you are injured because the insurance company has many lawyers and experts guiding each decision they make.

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

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.

Workers’ Compensation Insurance Companies do not want you to understand the law and the process of injury settlements.

The reason is that they can save themselves lots of money if you walk away from what is owed to you pursuant to the Illinois Workers’ Compensation Act.

Insurance companies will tell you that you are not due a settlement.

Insurance companies will tell you that your settlement value is low.

Insurance companies will tell you that you may lose your job if you file a Work Comp claim.

These things are not true.

Almost any work injury will result in some type of settlement.

Be careful of low ball offers.

The value of a work comp settlement is based on your medical treatment, your permanent restrictions, your age, your average weekly wage, and your work history.

You must tell your doctor about the problems and symptoms you have as a result of your injury. This will show up in your medical records and help your case.

In Illinois it is against the law to fire someone or discriminate against them for filing a workers’ compensation case.

You should check with an experienced Illinois Workers’ Compensation lawyer before you settle your work injury case.

It does not cost anything to check with an attorney.

All attorney fees are based on a contingent fee. This means that a lawyer must recover money for you before a fee may be charged.
The fee is limited to 20 percent of the settlement.

Questions about your work injury? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

Illinois Workers’ Compensation cases depend heavily on your medical records.

The Arbitrator spends a lot of time reviewing your records to find out about your work injury, your medical treatment and your problems and limitations.

It makes sense that what you tell the doctor will show up in your medical notes.

The Arbitrator bases part of her decision regarding the value of your case on what are your limitations and restrictions.

For instance, how long are you able to stand and walk during an 8 hour day is a crucial part of many Workers’ Compensation cases.

Lifting abilities, range of motion, and pain are also crucial.

This means that it is very important for you tell the doctor your symptoms and how your work injury affects you.

You should do this every time you go to the doctor.

Some examples:

My hands go numb and tingle almost every day. Especially when I use them a lot.

I cannot pick up small items to handle, hold or finger things.

My legs are painful and I get pins and needle like feelings when I stand more than 20 minutes.

I have to sit and rest for an hour after this.

My pain medications make me tired. I need to take a nap for 1 hour each afternoon.

My legs swell throughout the day. I have to spend much of the day elevating my legs waist height.

Remember, telling your doctor your major problems and how they limit you can make the difference between the correct settlement amount and a disappointing award or settlement.

Questions about your Workers’ Compensation case? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

How do you know whether your Illinois Workers’ Compensation settlement offer from the insurance company is fair?

The only way to know is to check with an experience Illinois Workers’ Compensation Attorney.

The insurance company is certainly not going to tell you that they have low balled you.

They will not tell you that your medical bills are not all paid.

They will not look out for your interests regarding future medical needs.

It will not cost you anything to have an Illinois Work Comp lawyer review the offer.

Illinois Workers’ Compensation Attorneys work on a contingent fee basis.

They can only charge you a fee on any amounts they recover for you above the written offer you were presented with from the insurance company.

The attorney will review your injury, the treatment you received, your restrictions, and your average weekly wage the year before your injury.

Having an attorney review your offer will give you peace of mind that you are doing the right thing in settling your case, and that you are not leaving any money on the table.

Questions about your work injury and what to do? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

In Illinois Workers’ Compensation cases the amount of money you make at your job makes a difference.

Your settlement or award amount depends on your wage.

The reason is that the formula used is your wage times 60 percent times a certain number of weeks for the settlement. And 66 percent times your wage for your off work pay.

The law provides that your average weekly wage is based on the 52 weeks before your injury.

If you miss days or weeks because of illness or other reasons, then these partial weeks should not be used to count toward your average weekly wage.

If you work a second job and the employer where you were injured knows of the second job, then you can add the second job to boost your average weekly wage at the job where you were injured.

If you make more money after your injury date you cannot add this your weekly wage.

The other important reason to make sure that your wage is as high is possible is that if you can no longer work at your old job, then you may eligible for a wage differential. The higher the wage difference the better for you.

Questions about your Illinois Work Comp case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

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