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Methods For
Resolving Your Workers' Compensation Claim
There are only two methods for resolving a
claim:
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LUMP SUM SETTLEMENT-
A Lump Sum settlement provides for the payment of a fixed sum of money
to a claimant. The dollar amount of the settlement is determined by
negotiations between a representative (adjustor or attorney) of the
insurance company and yourself or your attorney. The Lump Sum
Settlement contract (pink two-sided document) is not valid until it is
approved by an arbitrator of the Illinois Industrial Commission. Upon
approval of the Lump Sum Settlement contract, your employer and/or
their Workers' Compensation insurance company is no longer legally
obligated to pay medical bills, Temporary Total Disability or any
other type of benefit provided by the Act.
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HEARING- A trial is
held before an arbitrator of the Illinois Industrial Commission. At
this trial, you will have an opportunity to present medical evidence
and witnesses in support of your claim. After hearing all of the
evidence, the arbitrator will make a determination on the amount of
money, if any, you are entitled to receive for your injuries.
Due to the legal complexities of such a hearing and the fact that an
experienced attorney will be defending the claim on behalf of the
insurance company, you will be at a severe disadvantage if you do not
have a qualified Workers' Compensation attorney to represent your
interests.
Whatever monies you are awarded by the arbitrator will be paid to you
in weekly installments at your disability rate (60% of your average
weekly wage). If either you or the insurance company is dissatisfied
with the decision of the arbitrator, you have the right to appeal to
the "full" Industrial Commission. Presently, due to case backlog, the
appeals process takes approximately eight to twelve months.
The primary benefit of a hearing is that your right to receive future
medical treatment for your injuries remains "open" if you can
establish, by credible medical evidence, that the medical treatment is
related to your current injury.
IT IS IMPORTANT TO NOTE:
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Your employer's insurance company is not
legally obligated to engage in the Lump Sum Settlement process. Their
only obligation is to defend your claim at a hearing.
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Many unrepresented claimants accept seemingly
"generous" settlement offers from the insurance company before they
have completed their course of medical treatment and/or without having
determined if they are physically capable of performing their previous
job or trade
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If you have received Workers' Compensation benefits
as long as three (3) years ago but never signed "pink" Lump Sum
Settlement contracts, it is possible that you may have an "open"
claim. You may be entitled to additional medical and cash benefits for
your injury.
If you believe that you may still have an "open"
Workers' Compensation claim, contact our office immediately for a free,
no obligation consultation with one of our qualified attorneys. We
can determine if you are entitled to receive any additional
benefits.
Home Page
What is the Workers' Compensation Act?
Workers' Compensation Benefits
Guide to determining your weekly disability benefits
Steps to protect your right to receive Workers'
Comp benefits
Role of attorneys in the Workers'
Compensation claim process
Workers' Compensation FAQ's
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