What if the Work Comp insurance company doctor denies your medical treatment.

It often happens that the insurance company will send you to see its doctor and the doctor will give an opinion that you are not entitled to any more treatment.

If your doctor says that you need a surgery what can you do?

If you have your own medical insurance you can seek treatment and pay for it with your own insurance. This is the quickest route to getting the care you need and your insurance company will be repaid at the end of the case.

If you do not have your own insurance you will have to set your case for trial so the Arbitrator can decide which doctor he believes and then he will either rule for or against further treatment for you.

Before you can have the trial the doctors must testify.

This is done by way of deposition. This means that the lawyers will ask questions of the doctors in their office and the answers will be transcribed on paper so that the Arbitrator may read them at the time of trial.

Scheduling the deposition of the doctors will often take some months. This delays the case but it is necessary for proving your case.

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.


In Illinois the injured worker must prove all parts of his or her case.

This includes proving that you can no longer work as a result of your injury.

Some accidents are so severe that the resulting limitations keep you from returning to work and prevent you from working any job.

The Illinois Workers’ Compensation Act and the Illinois Courts have provided that you must attempt to find jobs within your limitations to prove you are unable to work.

There are some limited situations in which the injury is so bad that you do not have to look for work, however in most cases you must perform a job search.

This can be a job search on your own, or using a vocational consultant.

The job search should be organized, documented and extensive.

This means you need to treat it like a full time job.

Search for jobs 5 days a week.

Keep records.

It may take 6 to 12 months.

If you find a job, then you should record how much you will be paid.

This may be less pay than your former job. If so it will prove that you are entitled to a wage differential.

If you cannot find a job, then you can present this evidence at your trial to prove that your work injury has resulted in permanent total disability.

Questions about ways to strengthen your case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

The insurance company wants you to believe that you have to take what they offer and go home.

In Illinois injured workers have the option to settle their case without a trial, but you do not have to take what it is offered.

If you do not like the offer you are entitled to ask for a trial.

A workers’ compensation trial means that you must testify before an arbitrator who acts in the role of a trial court judge.

The arbitrator will listen to your testimony, the testimony of other witnesses, and review the medical records.

The arbitrator decides whether you win or lose and how much you are entitled to.

It is not always wise to go to trial.

If you get a fair offer or an offer that is more than fair and you do not have lingering medical problems, then you may want settle the case.

Why? Because it is usually faster to settle. And there are no guarantees when you go to trial. The arbitrator usually does not know the value of the settlement offers between the parties. You can end up with less money than the offer depending on how the arbitrator rules.

At times you do not have a choice.

If the insurance company does not offer you any money or only a small amount of money you have no choice, you must go to trial.

You must also go to trial if you want future medical treatment.

Rarely will the insurance company give you money for future medical treatment.

Questions about your work injury case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

Back injuries on the job are common and dangerous.

The problem is that they become chronic and sometimes need surgery.

Any time surgery is involved there can be numerous complications. Ranging from scar tissue, to hardware that needs to be removed, and chronic pain.

Most work injuries that involve the back are straight forward.

Such as, lifting that caused a herniated disc, or a fall that injured the back, or something that struck your spine.

However, there are some back injuries that do not surface until some days or months later because of repetitive lifting or other activities.

Or you may notice some muscle pain that later develops into more serious pain that is difficult to trace to your work.

The most important thing to do is to go the doctor as soon as you notice problems with the back.

You should also explain to the doctor the connection between your work activities and your back pain.

You should also be cautious in settling your back injury claim too soon.

Back problems tend to come back later on, especially if you have had surgery.

If you settle your case, then you are on your own for any future treatment or surgeries.

You may need open medical to protect yourself down the road with a back injury.

Questions about your Work Comp injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

The new year is a good time to regroup and reflect on some positive ways to change our lives.

If you are injured at work, then it is good time to explore the best way to improve your case.

Some good resolutions to follow regarding your work injury:

1. File your application of claim. Your filing protects your rights, and puts the insurance company on notice that they must pay your
medical bills, time off work pay, and your settlement.

2. Get an experienced Workers’ Compensation lawyer. It does not cost any money up front. Your lawyer only gets paid if you win.
Why mess around with a complicated system. The insurance company tries to intimidate injured workers and take advantage of its
superior knowledge. Do not go it alone.

3. Make sure you go to your doctor early and often. Documentation from your doctors regarding your symptoms and limitations
will make your case stronger.

4. Tell your doctor what is happening. Your doctor cannot read your mind. Explain how your accident happened at work and how it effects your daily

5. Understand the process. You cannot settle your case until you are done with your treatment. Once your treatment is over, then you must
settle your case or go to trial. Settlement is quicker but it ends your rights to medical treatment.

Questions about your Work Comp claim? Feel free to contact Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.