Most Illinois Work Comp cases can be settled after you are done with your medical treatment.

However, there are some cases where you have ongoing problems and may need future medical treatment.

Examples are surgical hardware that may need to be removed.

Or some expensive medication that is required for your ongoing treatment.

You can try to settle with the insurance company and ask for future medical treatment to be covered.

But many insurance companies will not agree to this.

The problem is that when you settle the case is over and you will have to pay for any future medical on your own.

Some options are to wait to settle until you have all your surgeries.

Or you can ask for money in the settlement to cover the future medical.

If you have a trial of your case and you win, then you are automatically entitled to payment of future medical bills that are related to the original injury.

Enforcing the future medical is not as easy as it sounds.

The Work Comp insurance company has the right to argue that your future treatment needs are not related to the original injury or that you no longer need the medications you are taking.

This process can take some time to get the evidence required to win your case again.

Questions about when to settle your case and what is a fair settlement? Feel free to contact Illinois Work Comp Lawyer Dirk May at 309-827-4371.


The Workers’ Compensation Insurance Company adjuster is the person who tries to settle your case with you.

The Adjuster’s job is to close out your case on the most favorable terms for the insurance company.

The adjuster will often make you an offer and then tell you they do not have any more money.

The truth is that an adjuster almost never puts out their final offer at the start.

Another trick is to tell you the offer they made is only good until a certain date.

The truth is that an offer may be withdrawn at any time. However, the adjuster will not take away an offer if they think they can get the deal down within their settlement range.

Recently adjusters have been telling injured workers that if they ask for money and do not settle they will send them to see a doctor.

The purpose is get an AMA impairment rating.

This is one factor that the new Illinois Workers’ Compensation law allows the Arbitrator to consider.

The AMA rating is almost always very low.

For instance, traditionally a carpal tunnel surgery is worth around 15 percent of the hand. An AMA rating would probably value carpal tunnel at 1 percent.

The truth is that AMA ratings are only one of the factors Arbitrators look at.

The adjusters do not necessarily want to send you to a doctor because it costs them additional money that they have to pay the doctor out of the insurance company pockets.

Remember, everything is negotiable and the insurance company wants to close out your case.

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


I had another person call me this week because the Workers’ Compensation insurance company told him that they did not have to pay a settlement for their injury.

The reason was that a hernia was not a permanent injury.

This is not correct.

You are entitled to a settlement for most injuries.

Maybe not for a bruise or an ankle sprain that resolves without treatment.

But Illinois Workers’ Compensation law provides that you are entitled to permanent partial disability payments for an injury that is related your work and has some type of long term effect.

Another insurance company tactic is to ignore the settlement offer.

In other words they pay for the medical bills and time off work, but they neglect to may a settlement offer.

The insurance company is hoping that you will not ask for a settlement.

This saves them money.

Multiplied by hundreds of cases this adds up to big money.

You need to keep your eyes on the settlement offer. Otherwise you will become part of the insurance company savings plan.

If you are not getting an offer, then you need to contact a Workers’ Compensation lawyer and start working on getting an offer from the insurance company adjuster.

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


Sometimes it is very hard to get the Workers’ Compensation insurance company to pay your medical bills.

The longer they hold onto the money the more they can use it for other things.

You should present the bills and request payment.

Make sure you check with your doctor’s office to confirm payment.

The other thing to check is that all bills are paid.

For instance, if you have surgery there will be an anesthesia charge. If there is an MRI there will be a radiologist bill. If there is an emergency room visit there will be an emergency doctor bill.

This can be tricky so you must be very careful to find all the bills.

If the insurance company does not agree to pay all the bills in the Workers’ Compensation Settlement contract, then you will have to pay the unpaid bills yourself.

If the contract lists the bills and amounts and you are wrong then you will have to pay the bills yourself.

This shows the importance of being detailed and making sure you have all the bills.

You must read the contracts carefully to make sure that you are protected.

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


Keep in mind the following facts when deciding whether to settle your Workers’ Compensation case.

When you settle your case it is over.

Very few insurance companies will include open medical in the contracts.

They want to close out the claim entirely.

So make sure that your medical treatment is complete.

Otherwise you will have to pay for it, or your insurance will have to pay for future treatment.

You are entitled to a settlement for your claim unless it is a very minor injury.

You are entitled to payment of your work injury related medical bills.

You are entitled to payment for your time off work.

The fact that you filed a Workers’ Compensation case is public information.

The fact that you settled your Work Comp case is public record.

All this means is that if someone wants to call up the Illinois Workers’ Compensation Commission and ask about your case they may do so.

In Illinois, work comp settlement money is tax free. This includes Federal and State taxes. Keep a copy of the contract for your records.

If you do not like the offer from your Workers’ Compensation insurance company or you are concerned you will need future medical treatment, then you have the right to go trial.

Going to trial will protect your right to ask for future medical treatment.

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


The answer is different for each person.

In Illinois, the amount of your settlement is based on 60 percent of your wage a year before your injury.

You can see that if you have a high wage, then you will get a larger settlement than a low wage earner for the same injury.

Even though Illinois has some of the highest Workers’ Compensation benefits the settlements are not outrageous.

For instance, most settlements are in the range of $5,000 to $30,000.

A settlement in the $80,000 and above range is considered large.

Illinois Workers’ Compensation cases are not like personal injury cases that can go into the $1 million and above range for serious injuries.

The other thing to remember is not to believe everything someone tells you.

The neighbor who received $300,000 for a carpal tunnel case is not telling the truth.

You are entitled to your medical bills, your time off pay, and your settlement.

The value of the settlement depends on the seriousness of your injury.

It also depends on your restrictions and whether you can continue working your old job.

The insurance company also wants to settle your case.

This can result in some extra money for you if keep this in mind.

Questions about what is a good settlement for your case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.


The new law in Illinois is making it tougher to get higher Workers’ Compensation settlements.

Why?

The new law allows for the use of AMA impairment guidelines.

The AMA guidelines are usually very conservative.

Work Comp insurance companies are asking Doctors to provide an AMA rating in Illinois cases and then using them to make low settlement offers.

For instance, I have heard of an injured worker who had a bad fracture of his arm and the insurance company found a doctor who issued an AMA rating of 0 percent impairment.

In the past this case may have been worth 20 percent of the arm.

Now, the Workers’ Compensation insurance carrier is offering nothing or a low amount.

The good news is that you still have arguments to support a higher settlement value.

An attorney will still be able to argue for an increased amount based on factors beyond the AMA rating.

Such as ongoing problems with your injury.

Such as changes in your activities at home due to your work injury.

Such as changes in your activities at work due to your injury.

Such as the need for more treatment in the future.

Such as the need for ongoing medications.

Need a settlement offer? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.