Workers' comp claims at Menard are being denied after arbitrator switch – Workers' comp investigation – bnd.com.

Considering all the publicity and political pressure this is not surprising.


Most Workers’ Compensation Insurance Adjusters will not budge from their first offer.

They think the injured worker does not understand the process and has little leverage.

You will not be able to get them to come up unless you ask to see the Arbitrator to find out the value of your injury.

Another factor is if you tell the adjuster you want future medical.

Many times the insurance company sees the injured worker as having few alternatives if they do not have a lawyer.

You can get a lawyer after the initial offer.

This will often result in an increased offer because the adjuster wants to close out the claim without increasing the company’s costs.

This protects your original offer (there is no attorney fee on the original offer), and gets you some more money.

The attorney fee only applies to the increased amount of the offer.

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

WorkersCompensation.com's CompNewsNetwork – Good Adjusters Know When to Settle Your Workers Comp Claims.

Click above to read. Gives some good insight into how Workers’ Compensation Insurance companies think.

What do you think? Have you had any experiences like this?


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 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. 

My cardinal rule for whether to settle your Workers’ Compensation case or not, is what is my fear about future medical. If you do not think you will have future medical needs regarding your injury, then it is okay to settle. Or if you think you have good insurance to cover future needs, increasingly rare isn’t it, then it is okay to settle. In the event you have any concerns regarding future medical needs you should not settle and you will need to have a trial. This is the only way to preserve future medical rights in Illinois, unless the Workers’ Compensation insurance carrier will agree to give you future medical rights in the settlement contract. It is rare for the insurance company to do this. Here’s what to look for in a workers compensation settlement.

Illinois Workers’ Compensation, or what some call Workers Comp or Workmans compensation, is based on your average weekly wage for the 52 weeks before your injury. The award or settlement for permanent partial disability is determined according to a formula. Workers compensation law gives a certain number of weeks for different body parts. The average weekly wage times 60% times the number of weeks results in your settlement or award. For example, if you have a back surgery and you make $500 per week and you are offered 20% of a person (500 weeks is the most you can receive for a what is called person as a whole or a back injury) the formula would be 100 weeks x $500 x 60%= $30,000. The amount of weeks goes up based on whether you have a surgery, and the restrictions you may have as a result of the injury. You may be entitled to a wage differential if you cannot return to your former job and you have to work at a job that pays you less money.

There is no award of damages for pain and suffering in Illinois Workers Compensation and the amount of medical expenses does not directly influence the value of settlement.

Should you want to discuss your workmans comp settlement offer or the value of your case please call workers compensation Attorney Dirk May at 309-827-4371.