In Illinois Workers’ Compensation cases the only way to have lifetime medical benefits is to have a trial. The reason is that very rarely will an insurance company agree to settle a case and offer medical coverage for the rest of your life. Insurance companies do not know what the cost would be for future medical.
When you go to trial and win you are automatically entitled to what is called open medical. This is not an insurance card or automatic authorization of future medical treatments. The insurance company can continue to deny coverage of future medical, and then you would have to file another case before the Illinois Workers’ Compensation Commission. At this stage, you must prove your current treatment needs are related to your original injury. It is a time consuming process, but necessary if you want to enforce your rights.
Many people think this second step to obtain your future medical is unfair, however, this is the procedural framework the Illinois legislature has established. In any event, the only way you have an opportunity for lifetime medical pursuant to the Illinois Workers’ Compensation Act is to take your case to trial. If you settle your case, then any future medical problems are your responsibility.
If you have any questions regarding whether to try for lifetime medical benefits or settle your case please feel free to call me.