Live Chat
Call Now: (312) 600-0000
Get a FREE Case Review
Leading Lawyers logo
Super Lawyers logo
American Association for Justice
WILG logo
Illinois Trial Lawyers Association logo
Avvo Rating logo
Workers' Compensation Lawyers Association logo

How Do Previous Settlements Impact a Workers’ Compensation Claim?

Written by Ankin Law Office

Injured workers are generally entitled to workers’ compensation benefits following a workplace accident, regardless of who was at fault for the accident. Under Illinois law, employers are required to obtain workers’ compensation insurance. In the event that an employee is injured in an on-the-job accident, the employer’s workers’ compensation insurance policy will provide the required compensation and medical benefits to the injured employee.

The amount of workers’ compensation benefits that an injured worker can collect varies depending on the severity of the injuries, the employee’s salary, and whether

In many cases, the employer’s insurance company will settle the workers’ compensation claim. If this is the case, the insurance company will apply a credit for any future or past workers’ compensation settlements related to injuries to that same body part. For instance, if you broke your arm while on the job and suffered a 20% loss of use in that arm, and then a year later you suffer tendonitis impingement to that same arm, the employer’s insurance company would get a 20% credit for the previous settlement on your broken arm.

There are exceptions to this rule, however, for injuries to the back, neck, chest, and head, which are known as “man as a whole” injuries. As a result, insurance companies often do not settle “man as a whole” claims because they cannot take a credit for previous settlements.

Although injured workers are generally entitled to workers’ compensation benefits for on-the-job injuries, employers and their insurance companies may wrongly deny a workers’ compensation claim, pay less than the employee is owed, or drag their feet in making workers’ compensation payments. If this is the case, the injured worker can file a claim with the Illinois Workers’ Compensation Commission (IWCC). While there are no fees to file a claim with the IWCC, the injured worker is required to prove that he or she is entitled to workers’ compensation benefits.

The skilled Chicago workers’ compensation attorneys at Ankin Law Office, LLC focus on helping injured workers obtain maximum financial recovery following a workplace accident. We will communicate and negotiate with your employer’s insurance company in order to obtain favorable and swift recovery. And, if necessary, we will represent you in connection with your workers’ compensation claim before the IWCC.

If you have been injured while on the job, contact our office at (312) 600-0000 to schedule a free consultation with one of our Chicago workplace accident attorneys to learn more about how we can help you obtain full and fair workers’ compensation benefits.

Categories: Personal Injury