CompNewsNetwork – NO DEAL – Why You Would Not Want to Settle a Workers Comp Claim.

Click above to read. More insight from the mind of the Workers’ Compensation insurance company. It is best to be armed with as much information as possible. Especially the goals and tactics of the other side.


In Illinois, an Employer may receive a credit for a prior Work Comp injury you settled on.

This does not apply to back or neck cases.

However, it applies to all other body parts such as arms, hands, legs and feet.

For example, if you settled an old case for 10 percent of the arm and you injured your arm again your employer can claim a credit against your new Workers’ Compensation claim.

You must prove your new injury has damaged your arm beyond the 10 percent of the old settlement.

It works this way: new injury is 25 percent of the arm minus the old 10 percent so you get 15 percent.

You see that you need to argue that the new injury has caused permanent partial disability as high as possible to offset the credit.

Questions about Workmans Compensation settlements and cases? Feel free to call Illinois Work Comp Lawyer Dirk May at 309-827-4371.

The Illinois Workers’ Compensation Law provides 3 basic rights for an injured worker.

The right to payment for related medical treatment.

The right to payment of 66 percent of your average weekly wage for injury related time off work.

The right to payment for your work related disability resulting from the injury.

The process is not perfect, or pretty, or fast paced.

You need to realize there are certain rules and timelines that need to followed.

The insurance companies all differ in the way they handle cases.

But the most thing to remember is that you can usually negotiate to increase the value of your settlement.

Impatience is the enemy of the highest settlement value for your case.

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

What increases the value of your Workers Compensation case is to be ready, willing and able to go trial. The insurance company knows that they have to pay their attorney and face the possibility of future medical expenses if you go to trial and win your case. Being ready to go to trial also gives you the option of settling or going to trial if you do not like the settlement offer.

You need to ask your attorney if they are ready and willing to take your case to trial. Suprisingly, not very many Workers Compensation attorneys are willing to take cases to trial. Make sure that when you have your first meeting with your lawyer that you get the commitment from them to take your case to trial if you make that decision.

It is always better to have the option to take your Workers Compensation case to trial. This gives you leverage with the insurance company and allows you to make the best decision regarding future medical needs and the compensation you need for your injury.