I’ve been an Illinois workers’ compensation attorney since 1997. In that time I’ve talked to tens of thousands of injured workers. One of my biggest challenges as a lawyer and a person is remembering that things that I think are obvious may not be so to others.

I’ve worked hard at this, but I get so many great questions that remind me that I’m better off offending someone by telling them something they know than assuming they don’t need to hear it.

A great example of this happened on a recent call. Here’s what a caller said to me:

I’ve had a workers comp case for the past 5 months. I’ve had all medical bills covered and have been paid lost wages every week. I don’t think I should expect a settlement now that the case is over but I wanted to make sure. I have no permanent disability.

This is a person who tore a muscle in her leg and had surgery. I’m not sure where she got the statement that she has no permanent disability, but that’s a myth and was probably said to her by a company doctor or the insurance adjuster.

Illinois work comp settlements are called permanent partial disability. Illinois work comp law doesn’t require you to be suffering massively to get a settlement. Pretty much every injured worker who has more than nominal treatment is entitled to something.

Now that doesn’t mean you should expect a settlement. In most cases the insurance company does as they’ve done here and offers nothing. They hope you will wait long enough and blow the statute of limitations for filing a case. In the cases where they do offer something, it’s almost always well below what a case is worth. You’d get more even if you take into account the 20% lawyer fee.

So how do you get a settlement? It’s pretty simple. We file what is called an application for adjustment of claim with the Illinois Workers’ Compensation Commission. That protects you from any statute of limitations violation and gets your case assigned to an Arbitrator. The insurance company becomes motivated to settle your case because if they don’t they’ll have to spend money to fight it and eventually the Arbitrator will force them to pay you what you are entitled to.

So yes, you should expect a settlement, but not if you sit back and don’t assert your rights. I’m glad this caller reached out to me with her question. She is likely entitled to something in the mid five figures which be close to almost a year of regular compensation for her. It’s a big deal.

Remember, insurance companies don’t give money away and neither do multi billion dollar corporations. And when they do, they try to limit it to as little as possible. That’s why it’s important to get a qualified attorney whether it’s through us or some other resource. If you’d like a free consult for help anywhere in Illinois, call us at 312-346-5578. It’s confidential, no commitment and we’ll treat you like a family member or friend.