Illinois Workers Compensation Settlement Amounts – Request a free consultation with an experienced workers’ compensation attorney from Jerome, Salmi & Kopis, LLC. Headquartered in Fairview Heights, IL, we serve all of southern Illinois and eastern Missouri.
The Illinois Legislature passed the Workmen’s Compensation Act in 1912, which was intended as a “grand bargain” between employers and employees. Employees would have to receive medical and lost time benefits sooner without having to prove the employer did anything wrong. An industrial accident is compensated as long as the injured worker performs normal work activities. In return, employees gave up their right to file a civil lawsuit against their employer, severely limiting the amounts they could recover. Damages for pain and suffering, loss of consortium, and punitive damages are excluded at law. Instead, employees were limited to scheduled disability losses based on a schedule.
Illinois Workers Compensation Settlement Amounts
Originally, the Worker’s Compensation Act was intended as a simplified and convenient way for injured workers to obtain medical treatment, lost time benefits, and a final settlement. However, over the years, the Workers’ Compensation Act has become more complex, making it necessary to obtain the assistance of an attorney to make sure that the rights of injured workers are fully protected. Insurance companies have aggressively tried to deny claims, withhold medical care, and do everything in their power to eliminate or reduce the payment of benefits to injured workers.
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It’s important to note that if you’re injured on the job, you’re not suing your employer, but rather simply filing a claim against the workers’ compensation insurance company for on-the-job injuries.
Plus, when you work with a workers’ compensation attorney, you won’t be billed by the hour or charged any kind of retainer fee. Instead, the attorney will be paid on a contingency basis, which means the attorney will receive a portion of the settlement or award and we will not pay until you are paid. In addition, the attorney will pay the court costs of the case, which will be paid out of the award or settlement. Since the percentage is the same whether you hire an attorney right after the injury or months later, it makes sense to bring in an attorney early so they can advise you throughout the process for the same attorney fee.
When you are hurt at work, there are usually several concerns. How can I pay my medical bills? Who will pay me if I have to be laid off while I recover? If I am fired, can my employer fire or otherwise retaliate against me? If you are the main breadwinner for your family, it can be even more difficult. Fortunately, you don’t have to worry in silence and can have your questions answered and your concerns addressed. This will reduce the stress associated with a work injury.
At Jerome, Salmi & Kopis, LLC, the knowledgeable workers’ compensation attorneys in Fairview Heights, IL have decades of experience helping injured workers navigate workers’ compensation lawsuits. We care about the outcome of each case and fight for our clients as if they were family. Our goal is to help people understand their rights and have all the information they need to make educated and practical decisions about their injuries. So if you’ve been injured on the job, please call us and we can answer your questions and act quickly to make sure your rights are fully protected.
Do Workers’ Compensation Settlements Affect Social Security Disability?
If you have suffered a work injury, the first question that usually comes up is, “Do I need an attorney?” happens. Although the Workers’ Compensation system was originally created to provide benefits to all workers without an attorney, current financial and legal trends often require the assistance of legal counsel. As a result, you may need to seek the advice of a competent attorney if your case falls into one of the following categories:
The bottom line is that if your case is accepted and all medical and lost time benefits are paid, you can settle your case without an attorney. These settlements are subject to approval by an Administrative Law Judge (ALJ), who will require you to appear in court to complete the paperwork. However, please note that while the ALJ will review the settlement to make sure the settlement offer is within the value range, he or she will not spend a long time reviewing your medical records to determine if the settlement is fair. unique challenges related to your business.
As a result, many injured workers do not feel comfortable negotiating a settlement without the assistance of an attorney. Many workers worry that they may be at the mercy of the insurance company’s adjuster or their attorney, who is more knowledgeable about Workers’ Compensation laws. In addition, these workers worry that they may be mistakenly denied a potential benefit in the future, such as medical treatment or vocational rehabilitation.
Additionally, it should be noted that attorney fees are based on a reserve, meaning it is a percentage of the final settlement. The same percentage of 20% of attorney’s fees applies regardless of whether the attorney was hired at the time of injury or settlement. As a result, many injured workers choose to seek legal advice early in their employment to make sure they have someone protecting their legal rights and to make sure they are treated fairly by their workers’ compensation insurance carrier.
What Is Man As A Whole Under Illinois Workers’ Compensation Law?
Under Illinois Workers’ Compensation, you must notify your employer within forty-five (45) days of the date of the accident. For an occupational disease, you must notify your employer as soon as possible after becoming aware of the condition. It is always recommended to give notice in writing via email or text and to keep a copy of the writing in case the issue is disputed later.
Many work injuries take months and years to reach a final settlement. After medical treatment is completed, a final examination may be required to determine the extent of permanent disability resulting from the work injury. However, by the time the lawsuit is over, the injured worker may have forgotten many specific details about the injury and subsequent treatment. Injured workers are encouraged to keep a notebook or calendar of important events at work to help them recall details later. These important events include:
After you have been injured on the job, the insurance adjuster representing your employer’s workers’ compensation carrier will contact you. He may try to get a recorded statement from you about the facts surrounding your work injury. We recommend that you only answer work injury questions, whether the workers’ compensation carrier accepts, denies, or investigates.
Most importantly, we do not recommend that you file a recorded statement under any circumstances: There is no legal requirement that you file a recorded statement before the workers’ compensation carrier becomes obligated to pay your benefits. Recorded statements are only taken by the insurance company to be used against you later in court proceedings. If the workers’ compensation carrier insists that you submit a recorded statement before authorizing treatment or lost time benefits, seek legal counsel immediately.
Illinois Workers Compensation Faq
After your work injury, the workers’ compensation carrier will send you documents that include an injury report and almost always a medical clearance. If you have been sent an injury report, review the report thoroughly and make any and all changes you see fit. Be sure to keep a copy of the report in case you need it for future litigation.
If you have been sent a medical authorization, you should read the authorization thoroughly. If the authorization is limited to obtaining copies of your medical records related to the current work injury, you may sign and return that document. However, if the medical authorization allows the insurance company to contact your treating physicians directly, delete those records before signing the authorization. The Workers’ Compensation Act allows injured workers to retain doctor-patient privilege, and therefore a workers’ compensation insurance carrier can discuss the case with your treating physician only if you authorize them to do so. Otherwise, the workers’ compensation insurance carrier is limited to reports and disability certificates prepared by your doctor.
Beware of rehab nurse visits: You may be assigned a rehab nurse while you are receiving treatment after a work injury. Many rehab nurses are helpful in expediting medical treatment and benefits. However, many rehab nurses are just investigative agents for the insurance company. Their goal is to question you extensively to try to provide a possible defense for the workers’ compensation insurance carrier to deny your claim outright.
In addition, many rehab nurses meet with your treating physician
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