There are so many things I think an injured worker should know. Illinois is probably the best state for injured workers which is likely due to our strong union history and having pro-union people in office. Despite how strong Illinois work comp law is, not every accident or injury is a case. But most are and most have settlement value.
With that in mind, one of the top things you should know if you get hurt on the job is:
Work comp insurance companies lie all of the time!!!
I put this in bold because it’s important that it sinks in. This doesn’t mean everything they say is a lie, but that they have no problem lying to you. They are looking out for them and their client, not you. That’s their job. It’s your job to look out for you.
This post is inspired by an injured worker who called me to see if the insurance adjuster he spoke with told the truth. He broke his ankle and all of his medical care and time off was covered. He chose a great orthopedic doctor and after about four months was back to work full duty and feels great.
So when he asked if he was going to get a settlement, he was told by the insurance adjuster that, “You don’t get one if you make a full recovery.”
That is a HUGE lie!!!
Illinois workers’ compensation settlement value is based off the recovery that you make. But even if you make a “full recovery” your case has settlement value. A case like this is a good example. He may feel great, but it’s possible and likely that he’ll have arthritis in that ankle that he’ll notice some day. But even if not, the case still has value and in this case, mid five figure value. The insurance adjuster is lying and hoping they can avoid paying $40,000 or so.
Now they don’t have to offer a settlement and sometimes they just won’t. That’s an easy problem to solve. When we formally file the case with the Illinois Workers’ Compensation Commission, they will offer one and if they don’t, we’d take your case to arbitration and get you paid that way. There has never been a case where compensation was denied for a real injury just because the worker is now after months of treatment feeling better.
These lies are annoying and this is just one example of how they will lie to you. And often they’ll do it with a smile and imply they’d love to give you a settlement only if they could.
My advice is to remember that the insurance company isn’t your lawyer. So if they tell you something that could be legal advice, assume it’s not true. You can verify it through us any time you want. Call us at 312-346-5578 for a free consultation any time. But rest assured that if you are hurt on the job, your case likely is worth something.
