Illinois Worker's Compensation - Help For Injured Illinois Workers

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  1. #1
    Join Date
    Jul 2012
    Posts
    3

    Default Medical or Settle

    A few years ago I ended up with a complete facial fracture, crushed sinuses under my eyes, and a broken nose. I now have 4 plates in my face. These plates should remain there unless they ever bother me or I get an infection. I am under 30 and not sure what the future will bring. They reconstructed my sinuses even though I now get sinus infections. I am normally congested in one or both of my sinuses. If I do a sinus rinse weekly I am okay. My nerves in my face still go away at times. I loose feeling of one side of my nose, cheek, and top front teeth. Happens to both sides just not usually at same time. My nose is fixed even though it goes more to left than before.

    Ic wants to settle and not sure where to go. Should I take the medical or settle for under 50k/ 22% man of whole. It was hard enough to get ic to even pay the work comp bills in a reasonable time frame. What happens if the ic is no longer there? I feel as though either way I go its a gamble. Can someone who knows about this please give there input.

  2. #2
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    350

    Default Re: Medical or Settle

    Given your complications I would not let medical go. You should require ongoing medical for infections alone.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,969

    Default Re: Medical or Settle

    ONe consideration: Do you now have, or do you expect to maintain in the future, general health insurance?

    The "Obamacare" law will make it easier for you to obtain health insurance in the future.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Medical or Settle

    I have employer health insurance but not sure if they will even help after I settle out work comp? Will they even cover sinus infection considering I never had 1 before accident?

    As far as continuing medical treatment there is nothing they can really do. My nerves are either going to be there or not. As far as the sinus infections go I hope continuing my sinus rinse keeps them clean enough to not get infections.

    I really thank you both for such quick responses!!

  5. #5
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    350

    Default Re: Medical or Settle

    Consider even with Obamacare your part of the bill/co-pay these costs add up. You may have complications over time that require treatment. It might be hard for you to imagine being you are still so young.
    Good luck, whatever you decide.

  6. #6
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Medical or Settle

    I agree that medical would be nice. My thing about the medical is it even guaranteed to be there in 20-30 years? I had such a hard time getting my med bills paid I fired my first att thinking it was him. The ic wouldn't even contact their own att let alone mine. I was being held up at doc office because of no payment. Told me they were going to turn me into collection. It is a smaller ic. What happens if they go out of business or change names? Do I take what is actually guaranteed $$.

    Does 22% even sound like it's right? Att says that probably wouldn't get 20 in court.

    I really really appreciate the help as I am still going in circles!!!

  7. #7
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Medical or Settle

    the state has a guarentee fund that pays the claim of carriers that go out of business.

  8. #8
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    350

    Default Re: Medical or Settle

    There is a fund for ICs that go out of business, personally I'd rather deal with them. It arouses my suspicions when ICs want to rush into closing out medical like they are afraid of costs. What if you googled complications after facial reconstruction to see what a common scenario would be. What if you need a screw tightened?

  9. #9
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,969

    Default Re: Medical or Settle

    20 to 30 years of medical coverage? Does your state provide coverage that long in workers' comp? If so, how do you get it? My state provides two years of coverage as the default period after the rating money is paid out. There is a way to get extended coverage but it is difficult to get it approved.

    While you are deciding what to do, make sure you know exactly what you are entitled to get. If you are thinking that comp will cover you medically for 30 years but it is really only 2 years, then that is a big consideration.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  10. #10
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    350

    Default Re: Medical or Settle

    No time or monetary limits on full medical in Illinoise. See Expert Law for IL WC.

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