Settling your workers' compensation case
Someone who called us was upset because her attorney is asking her to be patient in waiting for a response to the settlement demand that was made on her behalf. A demand was made in September and no response has been made. She wanted my opinion on her request to her lawyer to call every day until he gets a response.
We know the attorney and he is very competent. He is correct in not agreeing to his client's request because it would hurt the client. If an insurance company or their attorney see that every day you are asking to settle they will assume you are desperate and will "low ball" you.
Now this doesn't mean you have to wait around forever. If you are no longer receiving medical treatment and are working your normal job then once 60-90 days have passed we think it's appropriate to send a settlement demand. If you don't get a response within 30 days then it makes sense as your lawyer to motion your case for trial.
Asking the Arbitrator for a trial date doesn't make you look desperate to an insurance company, it makes you look serious. It also puts their feet to the fire in terms of deciding whether to resolve the case or not.
If they won't settle or offer a fair amount just go to trial. But don't hurt your case by trying to ask every day for money. If you do you can bet that you will end up with less than you deserve.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact Us and we will answer your questions or find the right lawyer for your situation.
