General

Often, someone will be injured at work and it will aggravate a a condition that had been in existence before the work accident. Such as a bad back, arthritic knees, or fibromylgia. In Illinois, you can still recover Workers’ Compensation benefits for such an injury.

In Illinois, the rule is that you must have been injured in the course of your employment, or you must have aggravated a previous condition. The aggravation must be considered permanent in order to recover. Some other states have a stricter requirement, however, if you have jurisdiction in Illinois you can use the more liberal rule.

Meeting with a client before his social security hearing today, in a client waiting room, and he commented and laughed with his girlfriend about how old the SSA computer was.

Makes you think about government priorities doesn’t it? And it fits with the theme. Old equipment. Not enough staff. Large backlogs. Your disability case will be reviewed some day.

Some days all you can do is laugh.

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 such an item.

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 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 needs 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 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.

The waiting time for Social Security Disability hearings continues to increase. Congress is trying to reduce the backlog. The problem is money and the lack of staff. However, 43 United States Senators have recently written to Senate Appropriaters asking for an additional $731 million to deal with the backlog of disability cases. Unfortunately, even this amount is not expected to reduce the wait for a hearing by much.

You may want to contact your United States Senators and Congressperson to encourage them to do all they can to fund more employees for Social Security and reduce the waiting time for a disability hearing.

Disability and serious injuries have to rank with death of a loved one, divorce, and job loss in terms of stress and pain. In the middle of it all it is almost impossible to see any hope or future good to come out of this. That is when we need someone to lift us up and walk with us. This could be family and friends or a word from someone. Don’t close up. Let others know what you are going through. Give them the opportunity to help. Another resource I like is The Word for Today, a fine little devotional. You can learn about it at www.bobgass.com . For instance, The Word for Today’s take on adversity is that it seems to benefit us in ways comfort and ease never can. We just have to struggle on through to the other side of adversity.