In Illinois Workers Compensation law, medical records are very important to the judge (the Arbitrator) when he makes the decision on your case.

He looks for the following in your medical records:

  • History of your work accident
  • References to when your symptoms started
  • Restrictions
  • Off work slips

If it is not in your records that you had an accident at work, or that you complained of neck pain after your fall, the doctor had you off work for one month, or that you are on permanent weight restrictions, then you may have a problem.

You should tell your doctor all of your symptoms, what caused your problems, ask for off work slips, and ask what restrictions you may have.

Many injured workers would be glad to go back to work and get on with their lives, but the Workers Compensation insurance company refuses to pay their medical bills.

What is going on? Why does the Workers Compensation insurance company do this? I think many Insurance Companies believe that a certain percentage of people will let their health insurance pay for the bills and go away. This will save the Workers Compensation company money in the long run.

The only way to approach the problem is to file a Workers Compensation claim with the Illinois Workers’ Compensation Commission and seek payment of your medical expenses. In addition, you are entitled to pay for time off work, and permanent partial disability which is payment for your injuries.

If you are having problems getting your work related injury bills paid please call me.

The real question in Worker’s Compensation cases is what motivates either party to  settle. There must be some good reasons since close to 90 percent of workers comp cases end in settlement.

The most obvious answer is that the injured worker needs the money and the medical bills need to be paid. Sometimes insurance companies use this leverage to make a lower offer. The only way to combat this is to be willing to stick it out until you get the value of the case or you go to trial and go through the appeal process.

It is important to remember that the insurance company also wants to settle the case to take the case off their books and prevent any further medical payments. The most costly part of the Workers Compensation case is medical bills. You can use this leverage against the insurance company, but  you must be willing to wait them out.

Impatience will cost you. 

If the Workers’ Compensation insurance company will not authorize your medical treatment and you have group health insurance you may be able to submit your claim through group and get treatment. This is the fastest way to get treatment.

If you do not have group health insurance, then you will have to proceed to trial to have the Arbitrator order the insurance company to pay for your treatment. This approach will take some time because you must have your doctor testify that you need treatment and that it is related to your work injury. In addition, the insurance company will most likely want to send you to their doctor and have you examined so that the doctor can testify against you if the doctor believes the injury is not related to your work accident.

Should you have any questions and you live in Central Illinois please feel free to contact me, Dirk May, Workers’ Compensation lawyer taking cases in Bloomington, Peoria, Champaign, Decatur and Springfield, Illinois.