CompNewsNetwork – Deny That Claim! Workers Compensation Claims You Can (and Should) Deny.

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Gives a brief overview of areas covered by Workers’ Compensation law. Make sure you talk with a Work Comp lawyer if you have questions about your injury. Do not let the insurance company be the only source of your information.


There was a recent Oklahoma Work Comp case that may open some eyes.

An employee whose regular job was a desk job, volunteered to help out by mowing the company property’s lawn.

He suffered a heart attack as a result of the heat and exertion, and has become permanently disabled.

The fight in court was about whether his volunteering to mow the lawn took him out the scope of his regular work.

The Oklahoma Supreme Court ultimately ruled that he was not a true volunteer. His employer was still found responsible for his condition and future medical care even though his injuries did not result from his regular job duties and he had pre-existing health conditions that contributed to his heart attack.

I would expect that a case in Illinois with the same facts would have the Courts ruling in a similar manner.

As long as you are performing work duties that your employer assigns you, or that are within the scope of your normal duties, or that your employer asks you to do and that you perform to benefit your employer then you will receive work comp benefits.

You, of course, need to be careful that you are following safety rules and procedures. But even then there is latitude in the Workers’ Compensation rules and law that will allow you to recover.

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

It gets maddening when the Work Comp insurance company does not pay your medical bills and will not pay you when you are off work due to injury.

What can you do?

You can file a motion for an emergency hearing.

It does not take much time to file the motion, however, it will take some time to get to the hearing.

The reason is that the Workers’ Compensation arbitrator (judge) is only in town once a month.

The other delay is that you need your doctor to testify in your case.

It often takes several months to set up the doctor for his testimony.

The bottom line is that the insurance company must have a reason for not paying your bills or your off work pay.

They may be subject to penalties and attorney fees if they deny payment without good reason.

Some of the reason for delay is that the adjuster is not really paying attention to the case or they are lazy.

Filing a motion for the emergency hearing usually gets their attention because it costs them money to send the case to their attorney.

Some insurance adjusters do not care because it results in less work for them.

The ultimate decision maker in whether the work comp insurance company must pay penalties is the Arbitrator.

Questions about your workers’ compensation case? Feel free to contact Illinois Workman’s Compensation attorney Dirk May at 309-827-4371.

Watch out for insurance companies that say you are not covered because your injury could have happened to any member of the public and you were not doing anything work related that increased your risk.

An example of this is you twist your knee and injure it while getting out of your car in the parking lot at work.

The facts of the case are very important in Workers’ Compensation cases.

If you injure your knee because of a defect in the parking lot, then you should be entitled to Workers’ Compensation.

If you injure your knee while your hands are full of medical supplies for work and you are bringing them in from your car, then you are entitled to compensation.

If you injure your knee while hurrying to a meeting, then you should recover.

If you are traveling for your job and twist your knee while getting out of car in a client’s parking lot, then you should win your case.

If you injure your knee while getting out of the car and cannot explain why it happened, then you may have a problem winning your case.

Do not let an insurance company make up the law.

You should find out how the Workers’ Compensation Law applies to the facts of your case.

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

One of the most frustrating parts of Workers’ Compensation is when the insurance company cuts off your Work Comp check.

The off work payments are called temporary total disability payments or TTD.

There are some legitimate reasons for ending TTD payments.

These include your doctor releasing you to return to work, or if find another job, or the insurance company doctor may say you can return to work.

But what if there is no legitimate reason given for stopping your TTD payments.

The Workers’ Compensation insurance company is not supposed to stop paying you without reason, however it does happen.

The problem is that getting your payments restarted takes some time and will cause you some discomfort and pain.

The reason that it takes time is that you will need your doctor to testify that you are off work due to your work injury and cannot return yet, and that the insurance company doctor is wrong.

It usually takes several months for the doctor to be available to testify.

So the insurance company can do what they want to since they hold the purse strings.

However, they will have to pay in the end if they are wrong in cutting off TTD payments.

These payments may include penalties for wrongful action in stopping your TTD.

Questions about your work injury? Feel free to contact Illinois Work Comp Lawyer Dirk May at 309-827-4371.

How can you tell if the Workers’ Compensation Insurance Company is treating you right?

If you are off work are they paying you 2/3rds of your average weekly wage?

If you are getting medical treatment are they paying your medical bills?

If you need a specialist are they making sure that you get your medical treatment as soon as possible?

If you need surgery has it been scheduled so that you can start your physical therapy and get back to work quickly?

If you have had all your medical treatment and returned to work has the insurance company offered you a settlement?

Is the settlement offer fair for the injury and treatment you received?

If you have not been able to return to work because of permanent restrictions is the insurance company helping you do a job search?

These are some of the major tests for determining whether the Work Comp insurance company is following the law.

If you are having problems in any of these areas you should contact an experienced Work Comp lawyer as soon as possible.

In Illinois Workers’ Compensation cases there are no attorney fees unless there is a recovery.

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

Knowing the answers to these 5 questions will help you in your Illinois Workers’ Compensation case.

1. How did your injury happen? It seems simple that you should know how your work accident happened, but you need to review exactly what happened and explain it to your doctor and your supervisor. It may make the difference between an accepted claim and a denied claim.

2. What notice of your injury did you give work? The earlier the better. It is also good to prepare an accident report detailing all of your injuries and how they happened.

3. What medical treatment have you received? The type and extent of your treatment may be important to your settlement value at the end of the case. So pay attention to what the doctors recommend and make sure you tell the doctors how you are responding to your treatment as you receive it.

4. What do you notice about your condition now? Once treatment has been completed the Arbitrator will want to know what pain you experience, how your range of motion is limited, how your activities are restricted, what ongoing treatment is needed.

5. What limitations do you have? Are you limited in your lifting? How about bending and twisting. What affect does your condition have on walking, standing and sitting? What about reaching and gripping?

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