They Can’t Do That! Can They?

The Workers’ Comp Insurance Company stops paying you.

The Work Comp company will not authorize your surgery.

Can they do that?

It is easy to say no. Especially if you are an Insurance Company.

In Illinois, the Work Comp insurance company can stop paying you and deny your treatment if they have a reason. That does not stop them even if they do not have a good reason.

The only way to fight back is to go to trial to get your benefits restarted, and to order them to pay for your medical treatment.

This will take time and it will be painful waiting because you will need to take your doctor’s depositions. The doctor’s schedule is usually booked several months in advance. The other delay will be the Insurance Company doctor’s deposition. That will also have to be scheduled.

Finally, the trial must be scheduled. This is time consuming, but it is the only way to force the Insurance Company to pay.

Please call Illinois Workers Comp Lawyer Dirk May at 309-827-4371 with your questions.

What about Settlement Payment?

You cannot be paid a Workers’ Settlement in Illinois until you have a settlement contract.

Most of the time the Insurance Company attorney writes up the settlement contract. This may take some time. After the contract is completed and signed it must be approved.

The Arbitrator must approve the contract. This can be done in person at Workers Comp docket site, or through the mail.

Upon approval, the Insurance Company attorney sends it in for payment.

Payment is usually sent out from 2 to 6 weeks after the Workers’ Compensation company receives the approved contract.

Make Your Workers Comp Case Stronger

Illinois Workers’ Compensation Law is based on your accident, medical treatment and wages.

Following are some tips to make your Work Comp Case stronger:

*File an accident report with your employer immediately. Include all body parts you think are injured. Get a copy for your records.

*Tell your doctor exactly what happened and everywhere you are hurting.

*Get off work slips from your doctor.

*Treat with your doctor on a consistent basis.

*Make sure all your wages are counted for the 52 weeks before you were injured.

More questions about Illinois Work Comp Cases and Settlements? Call Illinois Workmans Comp Lawyer Dirk May at 309-827-4371.

What Open Medical Benefits Really Mean

In Illinois Workers Compensation Cases you must eventually settle your case or have a trial.

Usually the only way to have the possibility for future medical treatments is to go to trial and win.

This does not mean you will be given an insurance card and allowed to charge the Workers’ Compensation Insurance Company for your medical treatments.

If you have problems down the road with your Work Comp injury you will have to go to the Workers Compensation Insurance Company and ask them to pay for the future treatment.

Most of the time the Insurance Company will deny the treatment.

Then the injured worker will have to prove that his need for treatment is related to the original Work Comp injury.

This means you have to go to trial again before an Illinois Workers Compensation Commissioner.

Then you will have to argue the case before 3 Commissioners.

This could take 2 to 2.5 years.

You can get future treatment for your injury after you have had your trial, but it will take some time and effort.

More questions about future medical treatments? Contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371

Top 5 Ways to A Better Work Comp Settlement

1. See your doctor as soon as possible and tell them how you got hurt at work.

2. Earn a good wage. Seriously, in Illinois Work Comp your settlement is based on your average weekly wage the 52 weeks before you were injured.

3. Be willing to go to trial. Not every case should go to trial, but if you are ready and willing to go to trial then the value of your case can increase.

4. Know what cases like your case are worth. Every case is different. However, the other cases will give you a guideline.

5. Be patient. The more impatient you are, and the quicker you want to settle the weaker your bargaining position.

Questions about getting a good settlement? Call Illinois Workers Compensation Lawyer, Dirk May, at 309-827-4371.