Should You Settle Your Case?


Illinois Workers’ Comp Claims — Should You Settle Your Case?

Are you currently handling pursuing a workers’ comp claim? If you think you should settle your case, talk to us first! The advantage of having an experienced workers’ comp lawyer working with you can be life-changing. Have you received a settlement offer? The large sum of money upfront is meant to look very appealing, but it’s important to understand EXACTLY what you’re missing out on. Although settlements can be very beneficial, some drawbacks can forfeit you out of compensation that you are entitled to. You need to make sure that you’ve carefully considered the settlement process and that it’s the best decision for not just for today but for your future. If you or a loved one are considering settling your case, call our office. Our experienced workers’ compensation lawyer will help determine when the best time is to pursue a settlement, guide you through the process, and calculate how much you deserve for your claim (and no less!). Trust our team to fight for every dollar you deserve — Contact us today to schedule a free consultation.

How Does The Settlement Process Work?

After an employee has filed for and won their workers’ compensation claim, a settlement can be arranged between the employee and insurer. Sometimes these settlements are offered early on in your claim so that the insurance company can quickly pay you off and move on. However, it could even be months or years after the initial incident when you receive settlement offers. You may be able to request a settlement and not even realize you’re eligible. (It’s easy to find out with a fast and free consult) If you are eligible for a settlement offer or if you’ve already received one, there are some factors to consider:
  • Is this the best time for a settlement?
  • Am I getting the most money for my settlement?
  • Will I lose important benefits that I’m currently receiving?
Once a settlement offer is accepted, there’s no going back. Your settlement is final – If your injuries worsen or you are unhappy with the settlement offer, you can’t reopen the case. Your weekly benefits will be terminated and they can never be received again for the same injury. If you’re receiving any medical payments/benefits, they will most likely be canceled as well. In the state of Illinois, the law allows you to reopen your case within 30 months of the settlement date, only if injuries worsen. However, this law is often worked around by insurers, including a waiver of rights in the majority of settlement contracts. Lastly, you need to consider if the compensation from the settlement will be (1) be enough money and (2) the maximum amount possible. If you’re facing another 20 years of handling a disability, a settlement lump sum is likely going to be quite a high number. But when you begin to factor in 20 years of reduced income, medical bills, and other expenses, you can really see things start to add up. You need to ensure that the settlement you’re receiving is going to be enough to offset as much of those expenses as possible. But it isn’t just about covering just your expenses. Oftentimes a victim’s life is abruptly interrupted by an injury, and sometimes the damage is temporary, others… not are left with lifelong disability. An injury can be a significant detriment to your (and your family’s) quality of life. A generous settlement can have a life-changing impact on your family’s future – And that’s what you should fight for.

So… Should You Settle Your Case?

If you know exactly what you are entitled to and know that you are getting just that, then you should absolutely settle your case. You’ll get paid, your claim will be closed out, and all parties go their separate ways. But if you:
  • Don’t know precisely what your claim is worth.
  • Don’t believe your claim is being valued fairly.
  • Aren’t sure of the consequences of accepting a settlement.
  • Rely on receiving weekly benefits from WCB.
  • Believe that your injuries could potentially worsen.
Or if you have any doubts — Do NOT settle your case. Get in touch with an Illinois worker’s comp lawyer for thorough advice and guidance on your settlement. They will provide you with the knowledge you need to make an informed decision about your claim. The path to physical recovery and financial compensation is often a long one, but you don’t have to do it alone.

Finding The Best Belleville Workers’ Compensation Lawyer

The lawyer you help with your settlement offer can have a HUGE impact on your family’s financial future. You need to find a lawyer that will provide aggressive representation for you. Look for a law firm that always starts your case with a free evaluation and is available 24/7 to meet any client’s unique needs. The best Workers’ Compensation lawyers will only charge for their services once you are successfully awarded compensation.


Choosing a workers’ compensation lawyer to fight for your rights and help you get the deserved compensation is an important decision. The Law Office of Jason B Going is experienced and proven when it comes to workers’ compensation cases, and handling settlement offers. If you are considering settling your case, we can help get you the compensation you truly deserve. Contact us today for a free consultation.

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We Can Help — Even If You Live Out of State.


The value of workers’ compensation settlement - when a permanent disability is involved - is challenging to calculate. You need to look at the number of years the person would potentially be receiving benefits for and a series of other costs and figures to determine a fair settlement. This is difficult to do on your own. If you have a permanent disability and are considering a settlement offer, you should get a lawyer involved as soon as possible for guidance.

A settlement can be offered and agreed upon at any time throughout the claim. Except for the first 7 days after the injury, those are considered fraudulent settlements. The “best” time to consider a settlement might be when you’ve reached MMI (maximum medical improvement). The presumption at this point is that your injuries will not worsen, making it much easier to calculate the true cost of injury.

All settlements pass through the Illinois Workers’ Compensation Commission, where they must be approved. There will be an arbitrator present to review the settlement and determine that it is legitimate, fair, and reasonable. If a settlement contract is insufficient, the arbitrator will send it back for revisions or renegotiate the settlement.

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