Illinois workers' compensation settlements - what you can't do
Maybe there is something in the air lately, but in the last few days I've received two phone calls from workers who had settled their cases and wanted to re-open them because their injuries have gotten worse.
Unfortunately you can't do that. Insurance companies have no motivation to settle a claim other than to know that it puts the case to bed. Forever. If your injury bothers you in the future that is your problem and your problem alone.
It doesn't matter if you didn't know your rights or if things have gotten way worse and you have nowhere to turn to. Unless a new injury has taken place you are out of luck.
So the moral of the story is that if you don't want to close your medical rights as relate to your claim, don't settle. If you go to Arbitration and win, you will keep your medical rights (typically) for life as relates to that old injury.
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.
Question: If I keep my medical open, will I be subject to WCI asking me to attend an IME for the rest of my life? Also, will the amount of settlement be less than if I were to achieve a lump sum payment?
WE REPLY: They could send you to one occasionally, but that doesn't happen a lot. Typically you don't keep your medical open if you settle, but over time you'll actually put more money in your pocket if you are permanently disabled and survive.