Illinois Worker's Compensation - Help For Injured Illinois Workers

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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Default Workers Comp Settlements and Medicare / Medicaid Liens

    My workers compensation claim was made in the State of: illinois

    Hello every body I am here today because I had to many problems with my worker compensation case I had a injury in my back 7 years ago and then two fusion surgery the insurance never paid for my hospital care and benefist, so all of my medical care was paid for medicare and medicaid in a regular hospitals. I have social security for 6 years. the FCE said I can't lift more than 10 pound with a lot of restrictions. the insurance make offers but I never recive it because they didn't want to paid the bills hospital to medicare and my future expencive then I change my lawyer three time,the last one I thought have been working a lot but the judge don't help them. now the insurance need to pay for set aside social security but every one or two month i have trial infront of the judge and he said that they have to pay for all of my benefist and find a appropriated job for me but after that never happens. last week I went again but the judge was sick and always something happens. please advise me thanks

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    312

    Default Re: A Lot Trials

    It's just seams crazy that you been dealing with this BS for so long!!

    It sounds like your attorney is doing what ever he/she can do. Hopefully your next mediation will produce results. Your next step maybe the Circuit Courts.....
    http://www.iwcc.il.gov/handbook020106.pdf


    Good Luck...

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: A Lot Trials

    thank you for reply my post but what is the difference between circut court and worker comp commission?

  4. #4
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    312

    Default Re: A Lot Trials

    alberto, my bad, acording to Illinois Law you cannot bring a wc claim into circuit court.....

    Good Luck...

  5. #5
    Join Date
    Aug 2009
    Location
    Illinois
    Posts
    2

    Default Re: Workers Comp Settlements and Medicare / Medicaid Liens

    Hi,

    My husbands case is going to the Circuit Court soon:

    http://www.state.il.us/agency/iic/faq.htm#Appeals


    and click on:

    What happens to arbitration decisions when they are appealed?


    As we understand going to the Circuit Court costs the insurance
    companies money. I believe they have to put up a bond to be
    heard before the judge.

    Good Luck

    ***Blog link removed, sorry, you can't post links to personal sites, you can put them in your profile though. Tony***
    Last edited by tony; 04-18-2010 at 02:40 PM.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Workers Comp Settlements and Medicare / Medicaid Liens

    alberto,
    Your WC claim, and the SSA/SSDI benefits are totally seperate.
    Because Medicare paid for benefits to your work injury, those dollars must be reimbursed to CMS/Medicare before your claim can close.

    As you do have Medicare, a setaside arrangement that protects Medicare interests must be addressed before the claim can close too. You should be asked to sign a release of information for your SSA and Medicare status. Medicare will tell the IC how much money is due, regardless of whether or not the ER/IC wants to pay. Or, the claim won't close. And, CMS/Medicare can and will take legal action against the ER/IC if necessary to recover that money. You will not be sued by Medicare.

    WC is set up to get IW's back to work as soon as possible, the rules require the ER/IC to do everything possible to help you do that... including help finding a suitable job. SSA doesn't look at their disability program the same, and while they/SSA would like if you were to return to work, the don't force it.
    When you don't return to work if provided your WC benefits can be affected. That's not the same with SSDI.
    the insurance make offers but I never recive it because they didn't want to paid the bills hospital to medicare and my future expencive
    You can't force them to pay out the indemnity due, nor cash out the medical coverage, and fund a WCMSA/setaside arrangement.
    It may very will be that you continue to receive the PPD benefits, and access to medical treatment.

    The carrier would rather take the bet you will not use the medical coverage to the extent it would cost to buy out your future medical coverage by lump sum and funding a setaside account.

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