Is There A Cap On Illinois Work Comp Settlements And Other Great Questions
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I get so many good questions from injured Illinois workers. I like to keep a list of the ones that aren't enough for a blog post and combine them in to one big post. In no particular order here are some great ones I got toward the end of 2021.
Is there a cap on workers compensation settlements? This is a question that is both a no and yes answer. Theoretically there is no limit to what can be offered when you factor in payment of future medical bills. But the reality is that each case is only worth a certain amount based on your age and injury. For example, wage differential payments end at age 65 assuming you are under 60. Permanent disability cases pay for life, but are settled based on your life expectancy. So while there is no cap, your case isn't going to be worth millions either just because it's a bad injury or the insurance company treated you poorly.
Can the insurance company ask the IME doctor for an addendum? Yes, this happens a lot. The insurance company will get the report and not like what it says and either provide additional information or ask for a clarification about something. It's shady at times, but perfectly legal.
Is it true that if I don't work there anymore I can't bring a case? This is not true at all. While it's better for the case typically to file while you are still employed, you absolutely can file a case after you leave the job as long as it's within the statute of limitations.
I'm a Texas flight attendant hurt in Chicago on layover. Work comp saying my case has to be done in my home state. Is that true? No, that is not true. Under Illinois law, if you are hurt here, you can file your case in Illinois. For many people that's a huge win as laws in places like Texas are terrible for injured workers.
Has Covid paused any statute of limitations? No. Any delay will punish you. Covid isn't an excuse for court filing deadlines.
My job said I have not been employed long enough to be covered for work comp. Is that true? NO!!! I hear this one a lot and it drives me crazy. It's such an unethical lie. You are covered for Illinois workers compensation benefits the second you start working.
My case was previously approved before they cut off my checks. How big a factor will that be at trial? It likely won't be a factor at all. Payment of benefits is not an admission of liability. What might happen is that unless there is new evidence that shows they never should have paid in the first place is that the Arbitrator will look at their denial suspiciously. But like any other case it all comes down to the facts.
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