In Illinois, the Workers’ Compensation Law provides the injured worker with a limited number of remedies.

Remedies are what type of damages you can receive.

The Illinois Workers’ Compensation Act gives you medical coverage, payment for time off work and payment for the injury itself.

If you are able to prove your case you are entitled to reasonable and necessary medical expenses related to your work injury.

Sometimes you may even get future medical payments related to your original injury.

You also are entitle to 66 percent of your weekly wage based on the year before your injury. You must have a doctor taking you off work for your injury. This payment is not subject to any taxes.

You are also entitled to 60 percent of your weekly wage times a set number of weeks based on the body part injured. This is commonly called the settlement. It is also not subject to taxation.

Payment of the settlement is not automatic.

The insurance company will sometimes “forget” to pay you a settlement.

You must request for the settlement to be paid.

If a settlement is not paid, and you have not filed the proper paperwork with the Illinois Workers’ Compensation Commission in a timely manner then you lose any rights you may have had to a settlement.

You are not entitled to consequential damages under the Illinois Workers’ Compensation Law.

This means that if you have lost your house, or car, or cannot pay insurance premiums because of your injury, then you cannot sue to recover these type of damages.

If your employer fires you because you have filed a Work Comp claim, you must file a different type of lawsuit in a different court to seek damages.

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

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Earlier this week I linked to a story about professional athletes who file workers’ compensation claims in California based on playing for a California team or being injured in the State.

Under Illinois Work Comp law you have certain options available to you for filing your claim in Illinois.

The technical term is having “jurisdiction” to file your claim in Illinois.

The reason it matters is that Illinois law has some of the best benefits in the country.

The recent changes in Illinois law have reduced the benefits available, yet Illinois still has much more favorable benefits than surrounding states and most states in the country.

Illinois Work Comp law provides that if you are hired in the State of Illinois you may elect to file your claim in Illinois even if you are injured in another state.

Illinois Work Comp law also provides that if you work in another state, but you are injured in Illinois you may still file your Work Comp claim in Illinois.

The smart thing to do is file your claim in Illinois if there is any way you can.

For example, if you play for the Indianapolis Colts and are injured at Soldier Field while playing against the Bears then you should file your Work Comp claim in Illinois. Indiana has horrible benefits so you definitely do not want to file there if at all possible.

Even if you have filed in another state and received a settlement it is sometimes possible to file in Illinois and seek a settlement here. There are some technical rules that must be complied with and the insurance company will be entitled to a credit for the other state’s settlement but it is worth it to gain the additional money.

Questions about filing a Work Comp claim in Illinois? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

Why is the Workers’ Compensation insurance company making you such a low offer to settle your case?

What do you expect.

They are in the business of paying out as little as possible.

The value of the offer is based on your wage a year before the injury, the type of injury you have, the treatment you receive and your permanent limitations.

Once the Work Comp insurance makes you an offer you should ask for more money.

If they refuse, then you have a choice to seek an attorney.

Remember an attorney is only paid if you recover more money than the written offer from the insurance company.

You will need some leverage to get them the increase the offer.

A Work Comp lawyer will be able to explain to the insurance company why your claim is worth more money.

The insurance company also understands that if they have to hire a lawyer it will cost them more money to complete the claim.

Once you have an attorney there is always the threat of trial.

Insurance companies do not like the possibility of going to trial because it will cost them much more money to defend the case, and there is the potential that medical may be available to you in the future.

Do not give up after the initial offer.

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

WorkersCompensation.com CompNewsNetwork – Developing Cost Containment Strategies for Satisfied Employees.

Click above to read.

More inside scoop on how insurance companies think.
Injured workers should be given immediate information about how the Workers’ Compensation system works and what to expect.
Questions? Feel free to call Illinois Work Comp Attorney Dirk May at 309-827-4371.

Some resolutions for the New Year and your Illinois Workers’ Compensation case.

1. File your case. If you do not file an application of claim you may lose valuable benefits.

2. Make sure you tell your doctor how you were injured at work and all the body parts that were injured. This will save you trouble later on.

3. Complete an accident report as soon as possible.

4. See your doctor as soon as possible and as often as you need. If you wait the insurance company will use this against you.

5. Follow the doctor’s treatment plan. Do not give the insurance company a reason to deny you further treatment.

6. If your employer you offers you a job within the doctor’s restrictions you must try it to prove that you are making a good faith effort to return to
work.

7. Be aware of your surroundings. Work Comp insurance companies like to send surveillance investigators to watch you.

8. Do not give a recorded statement to the Work Comp insurance adjuster. They will use it against you. It will not help your case.

9. Get your medical bills paid. It does not matter if Work Comp pays or your group health pays. In the end Work Comp insurance will have to repay your
group health insurance company.

10. Talk with a Workers’ Compensation Lawyer. It will not hurt. A lawyer will only get paid if you receive money.

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


It has been about 16 months since major changes to the Illinois Workers’ Compensation Act have taken place.

The full effect of the new law are not clear.

It may take another year or two to see the results of the reform legislation.

This much is evident.

The arbitrators are more conservative in response to the high visibility of Work Comp in Illinois.

It is more difficult to prove that you were injured on the job.

It is more difficult to prove that your case is of high value.

The commissioners are more conservative.

No one wants to stick there head up and look out of step, and be accused of damaging the business climate in Illinois.

The changes in assigning arbitrators and reducing the number of hearing sites has resulted in cases taking longer and it is harder to get a case to trial.

The uncertainty in the value of new cases has delayed matters also.

Some insurance companies want to send the cases out for more doctors evaluations and more depositions have resulted.

Uncertainty always slows the process, and the slower paces of trials means that the actual value of the cases decided by arbitrators and commissioners is at a trickle.

The future is cloudy, but this much we know the value of Illinois Workers’ Compensation cases are going down. We just do not know how far they will drop.

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

WorkersCompensation.com CompNewsNetwork – Is Sedentary Work A High Risk For Work Comp Claims.

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Yes, even a sit down job has risks that may result in a Workers’ Compensation injury.