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  1. #1
    Join Date
    Jan 2007
    Posts
    1

    Default Arbitration For A Workmans Comp Claim

    Hi, I had a question. On October 12, my foot was smashed under a loader bucket at work by another employee. I had a broken foot (2nd metatarsal) from this accident. I filed for workmans comp so I could have my income replaced for time off work. I have now been released from the docs to go back to work (as of 12/27/06. The insurance guy called and said that I am entitled to a settlement and that I will need to see an arbitrator - that I will receive a letter in the mail soon. Do I need an lawyer for this (the insurance guy says no, that there are set amounts they pay per body part injured)? Does this settlement money get paid ultimately by the employer or the insurance company. (The reason for the last question is that my employer is my brother-in-law and I really don't want to cause him any financial strife.) Please help me - I am at a loss as what I am supposed to do.

    Thanks

  2. #2
    Unregistered Guest

    Default Re: Arbitration for workmans comp claim

    the settlement money comes from the i/c not the employer thats why they have insurance

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Arbitration for workmans comp claim

    No, an attorney is not required in order to get work comp benefits.
    Your brother in law may have his insurance premiums increased because of the costs. You are not required to accept the impairment money.

  4. #4
    Hockeylaw@AOL.com Guest

    Default Re: Arbitration for workmans comp claim

    As to premium increases for brother-in-law, its based on claims made. The moment your husband was injured & the 1st bill was submitted to the comp. carrier, a claim was established. So as to making a claim, if the bills and lost time (if any) were paid by the insurer, then a claim was established and any impact against the brother-in-laws insurance has already occurred. In this case, its obvious a claim was established-thats why there is an 'insurance guy' (adjuster) involved.

    As to the Insurance guy saying you 'do not need an attorney...'? No, you do not need an attorney to appear before an Arbitrator and tell the Arbitrator you accept what ever has been offered to settle the case. But, if the adjuster was referring to needing an attorney for the claim itself-it is improper and illegal to tell your husband that he doesn't need an attorney. The employer has an insurer/claim service involved to rely on their expertise in these areas and to act as their advocate. That's the same reason that injured employees get attorneys, to rely on their expertise and to act as their advocates. Yes, your husband might get an offer from the adjuster to settle the case, but I guarantee you that it will be at the low end of the totem pole as to amount offered. With an attorney, knowledgeable in Illinois' Workers' Comp., you should get top dollar.

    If concerned about what brother-in-law feels, just explain to him that since the claim is already on record and filed, you just want to make sure that you guys get top dollar available, nothing personal.


    As to who pays the settlement/claim. In most cases it's paid by the insurance company, just like a health claim or an auto accident. There are no employer co-payments or deductible involved.

    If confused, contact a lawyer, knowledgeable in workers' comp., and meet with them. Consultations should be free. Good Luck

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