Once you are back to work and you are released from your doctor’s care,  your claim for workers’ compensation benefits can be resolved.

Under the Illinois Workers’ Compensation Act your claim can only be resolved by one of two ways:

• Lump Sum Settlement- A settlement is a fixed amount of money agreed upon by you (or your attorney with your approval) and the representative of your employer’s worker’s compensation insurance company. Once the settlement is agreed upon, documents are signed by all parties and then submitted for approval to the arbitrator assigned to your claim by the Illinois Workers’ Compensation Commission.  Upon approval of the settlement by the arbitrator, claim will be officially closed.  Your employer no legal obligation to provide you with any further benefits.
  

• Hearing- If your claim was denied by the insurance company or if you cannot agree on a settlement, you can have your claim heard before an arbitrator of the Illinois Workers’   Compensation Commission.   You will have an opportunity to present evidence and witnesses to the arbitrator in support of your claim.  After hearing all the evidence, the arbitrator will then decide on whether you are entitled to receive workers’ compensation benefits for your injuries.

If you are awarded monies by the arbitrator they will paid to you weekly.  If you  are unhappy with the arbitrator’s decision, you can appeal it to a panel of commissioners of the Illinois Workers’ Compensation Commission.  Your employer also has the right to appeal the arbitrator’s decision.

Note:  A hearing before an arbitrator is a legal proceeding.  The insurance company will be represented by an experienced attorney thus placing you at a huge disadvantage. It is not uncommon for an arbitrator to tell an unrepresented worker to hire an attorney. 

Important things to remember about resolving your claim: 

• Before considering settling your claim, you want to make sure your are able to perform your job at the same capacity you working at prior to your injury.  If you are having any  problems performing your job because of your injury, contact your doctor immediately

• It is important to make sure that your medical bills have been paid prior to settling your claim.  We recommend you contact your medical providers to ensure that all your bills have been paid.  Any bills left unpaid after your settlement has been approved could become your responsibility.

• Having your claim heard before an arbitrator is the only way to keep your medical rights “open” under the Illinois Workers’ Compensation Act.  However, it will be up to you to establish that the treatment you are receiving is necessary and related to your work injury.

• he insurance company does not want to pay you what your claim is worth.   If the insurance company does offer you a settlement, we recommend contacting an experienced workers’ compensation attorney who can tell you whether they have offered you a fair settlement. 

 
Note:   It is not uncommon for the insurance company to tell you that your claim has been closed after you have returned to work and are no longer receiving treatment.   You may still be entitled to a settlement or award. 

If you would like more information about resolving your workers’ compensation claim, contact Donald W. Fohrman & Associates, Ltd., at 800-437-2571 or submit our confidential  contact form