How much medical care am I entitled to under Illinois Workers Compensation laws?
What is the extent of medical care allowed under the Illinois Workers Compensation Statute? What is the duration of medical treatment offered to the injured worker under the Illinois Workers Compensation Act? What is the effect on my medical rights if I sign for a workers compensation settlement? Must I attend an independent medical examination requested under the workers compensation laws In illinois? These are common questions asked by many injured workers in workers compensation claims in Illinois Workers Compensation laws.
Under the Workers Compensation Act, the best Illinois workers compensation lawyers will be aggressive to pursue emergency petitions to promptly enforce medical rights. An Illinois leading workers compensation lawyer must be skilled in filing interim benefit petitions to swiftly resolve disputes or delays to approving or paying for your medical care under Section 8A of the Workers Compensation Statute.
Your rights to medical care under the Illinois Workers compensation laws include the following:
1. Approval and payment without delay or denial of reasonable, necessary and causally related medical treatment and expenses.
2. The duration of medical treatment is for your lifetime unless you waive the right in an Illinois workers compensation settlement agreement.
3. The
workers compensation insurance company
may be liable for delaying or denying your treatment and expenses by being penalized. Penalties can be substantial and include up to 50 percent of denied benefits, up to $10,000 for delayed payments of benefits, and up to 20 percent for attorney fees regarding the benefit.
4. You have the right of choice of your medical physician - do not allow the workers compensation adjuster to force you to treat with insurance company doctors.
5. Emergency petitions to enforce medical treatment chosen by the employee must be filed by the aggressive
workers compensation attorney.
6. There are limitations on insurance companies requests for injured workers independent medical examinations. Multiple requested IME exams may be denied as abuse. Advance payment of mileage, meals and other expenses are required.
7. Beware of the 3 D's of workers compensation insurance company's tactics: Delay, Deny, and Defend.
The best Illinois workers compensation attorney should know that immediate and aggressive enforcement of their clients right to medical care is an important part of every Illinois workers compensation claim. A leading Illinois workers compensation attorney will frequently file interim benefit petitions to enforce Illinois workers rights to medical care and for penalties against employers and adjusters who delay or deny approval or payment of Illinois workers compensation claims.
Whenever you are injured at work - you have entered a race with the workers compensation adjuster under Illinois workers compensation laws. The race is to establish yourself with a treating physician of your own choice and an highly rated illinois workers compensation lawyer to enforce your rights.
Under Illinois Workers Compensation law, embodied in the
Illinois Workers Compensation Act, the Statute requires your employer to provide and pay for all reasonable and necessary medical expenses which are causally related to the accidental work related injury. Disputes take the following two forms under the Laws of Illinois Workers Compensation: 1. Delay and 2. Denial. Many times the insurance company wants to take over the injured workers medical choice and direct medical care.
Are you tired of insurance adjusters who won't answer your phone call, refuse to approve medical care or an MRI, delay approving therapy, or refuse to approve your pain medication or other prescription medications? Or ask you to sign numerous medical authorizations to pry into your medical history? These are all tactics of denial. It's what makes Illinois workers compensation claims frustrating, aggravating, and a challenge under the Illinois workers compensation Act. The best Illinois workers compensation lawyers know how to navigate through the Illinois workers compensation system.
If the insurance company is engaged in Delay of your rights, it may be a sign or symbol of things to come - Denial of your rights. Denial of your right to choose your physician, or denial of medical treatment recommended as necessary by your doctor.
The highly recommended Illinois workers compensation lawyer will be vigilant to timely file interim benefit (emergency) petitions to enforce your rights under Illinois workers compensation laws. The best Illinois workers compensation lawyer will immediately file enforcement petitions under the Illinois workers compensation statute and pursue penalties whenever appropriate.
Your right to medical care under Section 8A of the
Workers Compensation
Act is forever -- that is, your lifetime unless you do something to waive your right. It is a lifetime right under the laws of Illinois workers compensation as long as the treatment is reasonable, necessary and causally related to your injury under the Illinois Workers Compensation Statute. You can lose this right, if your Illinois workers compensation lawyer includes waiver language in a workers compensation settlement agreement. Beware of waiver language in Illinois workers compensation settlements. Illinois workers compensation law permits insurance companies by settlement contract language to end its liability to provide future medical expenses.
It should not take weeks or months for the insurance adjuster to approve your medical care. You should be approved for emergency medical treatment and pain medication or other pharmacy medications without delay. The adjuster should not disappear or be unable to take your phone calls to approve your medical care.
If you are experiencing the 3 D's in your Illinois workers compensation claim, let me help. Ron D Coffel is a peer reviewed Leading Illinois Workers Compensation lawyer, recognized as among the best Illinois attorney in Illinois workers compensation law with nearly 35 years of experience.
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