Many Workers’ Compensation Insurance Companies will deny medical treatment for an injured worker, and the only way to challenge this is to go to trial and ask the Arbitrator to order the insurance company to pay for the treatment. This process takes some time to go through and you will have to wait for your surgery or procedure.

Now there is another way to get your treatment, and it is faster than a trial. Some companies exist that will pay for the procedures  and wait for reimbursement from your trial award or settlement. This does not cost you any extra money. The companies have made arrangements with our law firm to start reviewing Workers Compensation cases in Peoria, Bloomington, Decatur and Champaign.

Should you have a case where you are being denied medical treatment please contact me immediately to discuss. Ask for attorney Dirk May at 309-827-4371.

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Before you settle your Workers or Workman’s Compensation in Illinois there are some important areas that need to covered.

First, all your medical bills need to have been paid or the contract must specifically contain language that will make the Workers Compensation Insurance company responsible for the bills. Once you sign the contract you are responsible for any future bills unless otherwise provided in the contract, and if you do not make sure past bills are paid or taken care of then you will have to pay for them out of your settlement.

Second, all your time off work must be paid and the amounts set out in the contract.

Third, you must have a specific amount in the contract for your permanent partial disability or injury. More about this in my next post.

Any questions about settlements or if you want me to review your workers compensation settlement offer with you free of charge, please call workmans compensation lawyer Dirk May at 309-827-4371.

In Illinois workmans compensation cases you can be paid for what are called “repetitive trauma” accidents.

The repetitive trauma workers compensation cases can involve hands, arms or your back. The conditions include, among others, carpal tunnel, cubital tunnel, rotator cuff tears, and degenerative disc disease.

In a repetitive trauma case you cannot identify a specific incident that led to the injury. The time of accident is usually the time of diagnosis, or the last date of work, or the point when a reasonable person would be aware of the problem.

In Illinois your work activities do not have to involve using a jack hammer, working continously on an assembly line, or heavy use of vibratory tools. It is enough to work a job that requires you to use your body in activities that place stress on your back, hands and arms. Such as computer work, lifting and turning patients, driving over rough roads or consistent bending and lifting.

As soon as you are aware of the repetitive trauma diagnosis or are experiencing pain, numbness or tingling you should file an application of claim.

Every so often a person will tell me that someone they know received a lot more for their Workers’ Compensation case then they are being offered. What is going on?

In Illinois, Workers’ Compensation is based on your average weekly wage. This means that you can receive a lot more money for the same injury as another person who earns much less money. The other factor is the severity of the injury. If you have a bad surgical result, or have multiple surgeries then you may receive more compensation.

Another factor in workmans comp is if you end up with permanent restrictions, then you will most likely be awarded more money.

Finally, some people just like to tell a good story. Maybe they did not receive as much money in their workmans compensation case as they claim.

What you tell your doctor immediately after your work injury is vitally important.

In Illinois, the Workers’ Compensation Arbitrator places a great deal of weight on what the medical records contain regarding the cause of your injury. This is often called a history of accident. If you do not tell the doctor what happened to you at work when you were hurt, the Arbitrator may decide against you. Of course, timely accident reports and witnesses may overcome this but the history is still important.

The theory is that the immediacy of your statements will be closer to the truth then statements that occur much later in time.

Remember, what you tell your doctors is very crucial to your Workers’ Compensation case.