Possibly a result of the bad economy in the US right now, possibly it is just random, but over the last few months I have had multiple people reach out to me and ask when is the best time to make a settlement demand for their Illinois worker’ compensation case.
Some of these people were really hurting for money. A couple of them had terrible attorneys and just wanted out because they were so frustrated.
For almost everyone, the answer is the same. And it starts with three letters that are short for a phrase most people have not heard before.
The Most Important Factor In Deciding To Settle An Illinois Workers’ Compensation Case
The three letters are MMI which stands for maximum medical improvement. This is a medical term that in plain English means that you have recovered as well as you can for your injury. For most people that means they are just about as good as new. For others it means that they are not back to their pre-injury condition, but have plateaued and will have permanent restrictions.
Why Is MMI So Important?
If you think about settling before MMI, you are taking a huge risk and likely making a big mistake. That is because once you settle, the insurance company will no longer be responsible for your medical bills. I have seen dozens of cases over the year where someone settled too soon and now needs a surgery. There is nothing we can do for people in that situation.
The other factor that will cost you is that if your condition gets worse or your restrictions become permanent, it will make your case worth more money. In one call to my office, a worker who settled with a different law firm for around $35,000 wanted to re-open their case because they ended needing a back surgery and can not work any more. We could not do that because almost every settlement of an Illinois work comp case ends things for good. I estimate that this person cost themselves at least $400,000.00.
So Should I Try To Settle When I Reach MMI?
You do not want to settle right when you reach MMI, but that is when you can start to think about it. For most people it makes sense to fully return to work for a couple of months and know that you are truly better from the injury and treatment that you had. This is especially important for bigger injuries like those that require surgery to the back, shoulder, neck elbow or leg.
You know your body better than anyone. If you are in fact able to work without problems for a couple of months, then making a settlement demand begins to make sense.
That said, when you reach MMI, your attorney should start gathering all of your medical records and discussing a game plan that makes sense for you as well as give you a range as to what your case is worth.
Are There Any Exceptions?
The biggest exception to all of this is when you have restrictions that can not be accommodated. At that point you need to either look for a job within your restrictions or ask for help with vocational rehabilitation. This process involves you choosing a vocational rehab counselor – it definitely should be coordinated by your lawyer – to assist you in preparing a resume and looking for work.
If you settle without a job, especially if you were a high wage earner or can never work again, you will literally cost yourself hundreds of thousands of dollars if not more.
The other exception is when it is anticipated that you might need future medical care. That could be for something like removing hardware that was put in your body from a surgery or pain management therapy. Or it could be that it is anticipated that your body will break down eventually from the injury. When that happens, negotiating for this care is part of the settlement process and usually involves a Medicare Set Aside. You can discuss settlement still, but should not submit settlement documents until this issue has been sorted out.
Attorney fees in Illinois work comp cases are 20% of what is recovered (up to a certain point and then there is a cap). Getting the right attorney more than pays for itself and puts the most money in your pocket at the end of the day. If you would like to discuss a case, please contact us any time for a FREE case review.