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  • Workers compensation Illinois

    The IC made their final offer 4 weeks ago and I accepted it following the advice of my attorney. Since then, I haven't received any official document stating the final offer or the settlement contract for reviewing and signature. I am worried that this "verbal agreement" is not enough. Should I be worried at all?

  • #2
    I haven't received any official document stating the final offer or the settlement contract for reviewing and signature. I am worried that this "verbal agreement" is not enough
    As with any agreement, if it's not in writing, it doesn't exist.

    Was this agreement, verbal, made at court, by phone, were you present in your atty office?
    When a DA/Defense Atty makes an offer to settle a claim, even though they are supposed to be authorized by the ER/IC, the CA/Claims Adjuster must still approve, and generate the documents. There may also be need for authorization further up the line with the ER/IC.
    If you were not at court, a WC judge must still review and approve any cash settlement you have negotiated.
    With those considerations... four weeks is not really all that long.

    No one here can tell you exactly what the time frame may be.

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    • #3
      Thanks CAIW.
      Well I was not in the attny office when the offer was made, I was told by the phone. All conversations were made over the phone. In the past, I would receive a letter from my attny about the IC offer, but not this time. The attny said that the "verbal offer" is binding and the IC can not back off or change their mind. I am still worried because they told me the agreement will be ready in 2 weeks and still nothing.

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      • #4
        This is one of those questions only your attorney can answer. You are going to need to call their office and find out what is going on. I agree that 4 weeks is not all that long depending upon what is involved. If the settlement requires CMS approval, count on closer to a year. If this is a "simple" settling of indemnity benefits/ PPD with open medicals, 4 weeks is about the norm to get it drafted before it goes through the channels it needs to go through.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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