In Illinois, we are still waiting to see how the changes in the new law will affect the value of Workers’ Compensation cases and settlements.

Two recent cases from an Arbitrator are encouraging for injured workers.

One case involved a ruptured biceps, a serious arm injury.

The insurance company hired a doctor to write an AMA guideline opinion. The doctor came back with an assessment of 6 percent of the arm or 4 percent man as whole.

The injured worker was released without any restrictions.

He performed a labor intensive job: welding.

The Arbitrator awarded him 30 percent of the arm.

This is probably slightly under what he would have received under the old law.

The second case involved a fracture to the hand that resulted in some damage to the little finger.

The AMA guideline showed 1 percent of the hand.

The Arbitrator awarded the injured worker 10 percent of the hand.

This was another favorable decision for the injured worker.

These decisions are not final.

The insurance company will most likely appeal them.

This is the interesting part because if they are appealed, then the Commission will provide their interpretation of the case value.

At this point the outlook is guarded yet looking up.

Stay tuned for the Commission decision.

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

The real question in Worker’s Compensation cases is what motivates either party to  settle. There must be some good reasons since close to 90 percent of workers comp cases end in settlement.

The most obvious answer is that the injured worker needs the money and the medical bills need to be paid. Sometimes insurance companies use this leverage to make a lower offer. The only way to combat this is to be willing to stick it out until you get the value of the case or you go to trial and go through the appeal process.

It is important to remember that the insurance company also wants to settle the case to take the case off their books and prevent any further medical payments. The most costly part of the Workers Compensation case is medical bills. You can use this leverage against the insurance company, but  you must be willing to wait them out.

Impatience will cost you. 

Do you have an Illinois Workers Comp settlement offer and want to know if it is fair?

Please call me and I will review it with you.

I will answer your questions, discuss your case and your offer without obligation or charge.

Please call 309-827-4371 and ask for Workmans Comp lawyer Dirk May.