Workers Compensation Settlements: How To Get The Amount You Deserve

The Most Common Mistakes That Destroy Your Workers Comp Settlement Value

I have seen workers throw away tens of thousands of dollars in settlement value by making mistakes that are completely avoidable. These are not obscure legal technicalities. They are practical, everyday decisions that seem harmless at the time but give the insurance company exactly what they need to lowball your case.

Mistake number one is gaps in medical treatment. You miss a few physical therapy sessions because you felt better, or because you could not get a ride, or because work got in the way. The insurance company looks at those gaps and argues that if you were really hurt, you would not have missed treatment. It does not matter that you were in pain at home. What matters is the medical record, and gaps in that record give the insurer ammunition to reduce the value of your claim.

Mistake number two is social media. I cannot say this enough. Stay off social media while your workers comp case is open. Insurance companies hire investigators who monitor your Facebook, Instagram, and TikTok. You post a video of your kid's birthday party and you are standing up, smiling, holding a plate. Next thing you know, the adjuster is arguing you are not really injured. It does not matter that you could barely move the next day. The image tells a story, and it is not the story you want the arbitrator to see.

Mistake number three is giving a recorded statement to the insurance adjuster without your lawyer present. The adjuster sounds friendly. They say they just need to understand what happened. What they are really doing is locking you into a version of events that they can use against you later. If you describe the accident slightly differently than you did in the incident report, they will call it an inconsistency and use it to question your credibility.

Mistake number four is not following your doctor's restrictions. If your doctor says no lifting over ten pounds and your boss asks you to help move some boxes and you do it, the insurance company now has evidence that your restrictions are not real. Even worse, if you re-injure yourself while violating your restrictions, it complicates the entire claim. Follow the restrictions. Every time. No exceptions.

Mistake number five is settling before you reach maximum medical improvement. The insurance company will dangle a lump sum in front of you while you are still treating. It might sound like a lot of money right now. But if you have not finished treatment, if you do not know whether you will need surgery, if your doctor has not assessed your permanent impairment, you have no idea what the case is actually worth. Once you sign the settlement contract, it is done. You cannot come back for more.

Every single one of these mistakes is preventable if you have a lawyer guiding you from the start. That is why I tell everyone who calls me, get a lawyer early. Not when things go wrong. From the beginning. Call me at 312-500-4500. It costs you nothing and it might save you everything.

Document Everything

Write down as much information as you can. This will be invaluable to you and taking notes has helped countless people ensure their fair workers compensation settlements. Make detailed notes on every single thing you can, like:

• The date and time of the incident
• Who was there to witness it?
• What were the conditions like? Was it hot, was it noisy, was it rainy?
• What first aid were you provided and who administered it?
• Who from the company questioned/interviewed you about the incident?
• What questions did they ask?
• Was a union rep present (if applicable)?
• What forms or documents were you asked to complete?
• Were any promises/ offers/ threats made to you following the incident?

These are all questions you will probably get asked at some point, so it’s good to get them in ink.

Stick to Your Story

You were there. Nobody had a better seat to witness the incident than you, so your account of what happened is the most important. Don’t let anyone try to change your words or your story.

Too often, shady companies may try to put words in your mouth to make it seem like it’s your fault. They may try to get you to agree to things like:

• Would you say you were driving too fast?
• Were you too tired because you skipped your break?
• Didn’t they warn you that could happen during your training?

Or they may insist that you may not remember things properly because you were struck in the head, or things happened so fast. Never let anyone discredit your story. This is a popular tactic for companies that are trying to avoid any culpability or workers compensation settlements.

Don’t Sign or Agree to Anything

Things can move really quickly after a workplace injury and some companies will try to use this to their advantage. They know you’re probably overwhelmed, facing possible time off and medical bills.

So they may offer you something right away to try to keep this out of the courts. They may offer to pay your medical bills and give you a lot of paid time off. This can be a big red flag that your employer is trying to avoid any and all workers compensation settlements.

We know this offer is right here in front of you right now, for the taking if you want it. And a settlement can seem like a long time away. You’re worried about paying the bills and supporting your family right now.

But speak to a lawyer and a doctor first before you agree to anything.

How Much Do People Get For Workers Compensation Settlements?

There is no singular answer to that. Nor is there a magic number per injury, like a concussion is worth X amount or a slipped disk in your back is worth Y.

But here are some recent workers compensation settlements:

• A construction worker from Staten Island received $1.5 million for an eye injury
• A nurse was awarded $200,000 for a fractured pelvis

Your employer cannot assess how much your injury is really worth, even though they will try. They may insist they’ve seen this before and to trust them. They may even say that going through the courts will be “bad for everyone.”

Only a doctor can diagnose how severe your injury is and you shouldn’t trust any numbers you hear, until you speak with a lawyer. You also can’t really predict the amount that your possible medical bills will cost you.

Your settlement is based on your hourly rate and how severe and permanent your injury is.  Those are complex factors and only a good Workers Comp lawyer can investigate and give you an idea.

Maybe you will need multiple surgeries, or physiotherapy, or even a personal support worker to fully recover from your injury.

Frequently Asked Questions: 

How is an Illinois workers comp settlement amount calculated?

Illinois workers comp settlements are based primarily on the permanent disability rating assigned to your injury — expressed as a percentage of loss of use of a body part or the whole person. That percentage is multiplied by the statutory value for that body part and your average weekly wage. How that disability percentage is established significantly affects your settlement, which is where experienced representation matters most.

What if the insurance company offers me a settlement right away — should I take it?

Almost certainly not without talking to an attorney first. Early offers are made before your condition has reached maximum medical improvement, meaning the full extent of your injury isn't yet known. Accepting too early means giving up your right to future medical benefits and potentially leaving permanent disability compensation on the table. Once you sign a settlement, it's final. Call me before you sign anything: 312-500-4500.

Can I get a workers comp settlement if I'm still working for my employer?

Yes. You can settle your workers comp case while still employed by the same employer. Most Illinois workers comp settlements are "full and final" — resolving all claims for a lump sum. Some cases settle on an "open award" basis keeping future medical benefits open. Which type is better depends on your injury, medical needs, and employment situation. I walk you through the pros and cons for your specific case.

Does a pre-existing condition affect my workers comp settlement in Illinois?

No — not the way the insurance company will try to make you think. Illinois workers comp covers aggravations of pre-existing conditions, not just new injuries. If you had a bad back before your work accident and the accident made it significantly worse, you have a compensable claim for the aggravation. Insurance companies routinely try to blame pre-existing conditions. I push back on that argument with medical evidence showing what changed after the work injury.

Protect Your Rights

Would you like to know more about how to get fair workers comp settlement?

If you or a loved one is dealing with a situation like this, give us a call any time, day or night.  We are here to help. 312-500-4500

>> Go To Main Topic Page