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Process for Settlements in Illinois
#1
So a year ago, I was injured at work. Long story short, I am now as well as I am expected to be and have went back to work with a different company. I have an attorney and he sent me a letter the other day saying that my employer/insurance company offered a settlement. He declined it and they submitted another offer that he thought was fair. I agreed that it was fair and let his office know that I would accept it.

Here's my question: The attorney is always busy and I have to set up an appointment to speak with him by phone so I thought I may get a faster answer here. Smile

So, I agree to the settlement offer, they obviously agree and the lawyer agreed. What is the process now? Who drafts what? Who signs what? Does this happen at the next 3 month continued arbitration hearing date or will this be done separately?

And what is the timeline for this to be over with? A month, couple months, six months? Are there laws for how long everyone has to submit their items and cut the check?

I have never been involved with a work comp case before, and while I was out of work, my work comp payments weren't enough to really keep me above water. I have used my savings and taken some loans. I am anxious to receive my settlement check so I can pay off my creditors and hopefully let life get back to normal.

Any insight is appreciated. Like I said, I called the attorney's office, but they will have to mail me a letter with a phone appointment time and it could be another week before I get a chance to find out what the timeline is for everything to be completed.

Thanks for any help!
 
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#2
Generally the carrier drafts the terms of the settlement
https://www2.illinois.gov/sites/iwcc/Doc...05FORM.pdf
Both Attys & both clients usually sign.
Done separately
No fixed time as court’s workload varies.

P.s.You can ask for an advance payment before signing to tide you over during the process. It’ll be deducted.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
In Illinois, an attorney is required to draft the settlement contract. Once an Injured Worker and attorney (if represented) sign off, the contract is submitted to the Industrial Commission to be approved by an Arbitrator. Once the Arbitrator approves the settlement contract it is forwarded by the attorney who drafted it to the WC Adjuster to process the settlement checks which must be released within 30 days.
 
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#4
How does the worker’s atty have access to the complete disability and medical payment records necessary to accurately complete the settlement documents for the commission?
I question how the contract can be legally valid without being reviewed/ approved by the employer/carrier before commission order.
Your explanation seems incomplete.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
(10-21-2018, 01:40 PM)1171 Wrote: How does the worker’s atty have access to the complete disability and medical payment records necessary to accurately complete the settlement documents for the commission?
I question how the contract can be legally valid without being reviewed/ approved by the employer/carrier before commission order.
Your explanation seems incomplete.

Hello - I've been administering WC claims for 30+ years. In Illinois and any other state there is what we call discovery which means both sides share information such as medical records. Before the injured workers attorney submits a demand for settlement they have received a complete copy of their clients medical records from all treating providers which explains how they determined the settlement demand. Once all interested parties agree on a settlement amount the contract must be completed an attorney (WC Act/Commission requirement). The signed contract is submitted to an arbitrator who must approve it before settlement checks are released.
 
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#6
Not what I Asked.
No help for either of us.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#7
Not what I Asked; not helpful.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#8
(10-22-2018, 05:07 PM)1171 Wrote: Not what I Asked.
No help for either of us.

You asked and I answered. You simply do not understand how workers' compensation works.
 
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#9
thank you for your 3 posts.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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