Settling under Illinois workmans comp laws - the three most important words
Before you should even begin thinking about what your Illinois work comp case might be worth, you should be thinking about three words: Maximum medical improvement, a/k/a MMI.
There is nothing more important in this world than your health. MMI refers to you being as good as you can get. In other words, no more medical treatment will improve your condition and typically, with the possible exception of some therapy or an annual checkup, you are discharged from medical care.
As a lawyer, until we know that you are as good as you can get there is not a realistic way to evaluate the actual value of your injury. Perhaps you will have permanent restrictions such as no lifting more than 20 pounds; perhaps your doctor will tell you that you need a new line or work; perhaps (and hopefully) you will be able to do exactly what you used to do. All of these things impact the ultimate value of a case. But until you are at MMI we have no way to know how this will play out. Your doctor might hint that you need a new line of work, but until you are as good as you can get we don't know for sure.
We don't give our medical advice, but it is common for clients to talk about maximum medical improvement with their doctors, not from a legal standpoint, but in terms of where they are going with their care. If you don't feel your doctor is focusing on getting you better or you are not happy with your improvement, you have a right to a second opinion.
One final thought, being at MMI doesn't mean that nothing can be done to get you better. For example, you may have a doctor that suggests you need back surgery, but you could decide that you don't want it. It's not uncommon for a surgeon to say that back surgery is needed, but since the patient doesn't want it they are now at MMI. Usually in those situations the doctor will have tried more conservative treatment first like physical therapy or cortisone injections. Once surgery is the last resort, if you don't do it then it would make sense that you are as good as you can get. Clients in those situations are often given permanent restrictions.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
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I had a few question to ask. #1 I got hurt at work and had a torn cartiledge, I had surgery and walmarts workmens comp would only allow 6 weeks therapy, my doctor had reqested 2 weeks additional therapy and workmens comp gave me 2 sessions. after seeing the doctor again he requested addiotional therapy where workmens comp denied it again. Now 3 months later (its been 5 months still off work) my knee is worse and he is asking for a elvaluation to see if I can do my job or any job at walmart. w e are still waiting for workmens comps answers. So far they have denied me medical help. Is that legal? And if I can't go back to my job because the doctor thinks I shouldn't is that permenant partial disability?
Denise:
It's only legal if they have a medical opinion that states you don't need the treatment. Assuming they don't have that then they are breaking the law. We can easily file a trial motion to get benefits approved.
Mike
They claim that there doctors staff says that according to medical books the type of ingury I have doesn't need more therapy. So if that considered medical opinion?
That is not legit, but if you let them get away with it
I got hurt at work almost 3 years ago, had a helium tank fall on me and my left ankle wound up being broken and needing surgery. I had a plate and 5 screws (i believe) put in. I was off work for a whole 3 months, which in I did recieve workman's comp pay for not working ( I worked at dollar tree), but now even almost 3 years later, I can hardly walk right. I'm in constant pain, so much that I am usually up every night until 2 or 3 am just trying to fall asleep. What can be done in my case? The only thing my doctor told me was that i could have the plate removed, but then I take a chance of the bone re-breaking, and winding up where I started. I did physical therapy, and that helped for a while, but now I can hardly be on my feet very long before it just hurts so bad that I have to sit down.