Can I re-open my Illinois workers' compensation case?
We often hear from people who are wondering whether they can “re-open” their workers’ compensation case. It depends on the situation.
If you signed a settlement agreement, you’re probably out of luck. You can’t go back and change the agreement. Typically when you settle, you agree that you will not get any future medical or TTD benefits. So if you settled with workers’ comp for a back injury five years ago, and then you wake up one day with back pain, it’s not a workers’ comp issue anymore.
However, if you re-injure your back at work, doing something work-related, then you’re probably entitled to medical coverage and benefits. The distinction is whether the injury acted up outside of work or because of your work. In Illinois, aggravated pre-existing injuries are generally covered under workers’ compensation.
If you have not settled, but the insurance company tells you that your case has been closed, you have a better chance. Generally, the insurance company can’t just decide to close your case. So if it seems that your case has suddenly been closed without your knowledge or agreement, contact a workers’ compensation attorney. They should be able to “re-open” it and negotiate a settlement for you.
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.
i settled my workers comp. lawsuit with future medical being paid by insurance company for the rest of my life. i had a three disc fusion without therapy, because they denied it. well now i have failed back syndrome. well my lawyer got his money and is done. now the insurance company is giving me a real hard time approving any medical for the injury. the federal goverment gave me an estimate as to what i was allowed each year. injections, meds, doctor visits, ect. now the insurance company takes over a month to approve anything , knowing my lawyer is finished with the case..is there any way i can go back and reopen my case, or push the insurance company to open a bank account in my name to pay for medical, which is what i thought we agreed upon, but my lawyer claims they can do what they want because i settled...HELP......
WE REPLY: You can't re-open your case, but your lawyer's job is to get you a hearing for medical benefits. If he won't, file a complaint against them with the ARDC.
I had spinal fusion in 2006, I settle my case in 2007 and since then I've been havin up and downs with my back which I expected but in 2009 my back seem to have gotten worse, so I saw my doctor who sent me to a back pain management doctor and he took Xrays and found that the fusion didn't take...now what do I do since I settle my case with my lifetime benefits? I still work at the same job (that I Love) but it's hard for me cause I'm on my feet the entire time I'm working...can I Petition to re open my case
WE REPLY: No, once the case is settled, it's over. If you had a new injury it would be a different story.
correction: I do not get life time benefits...
i settled my wc case the beginning of this year with medical left open for life. My doctor has been trying to get a surgery approved even before we settled, for debrivement. Right after I settled they sent me to Missouri to one of their doctors and he said I was at MMI. I am currently getting ready to have surgery in two weeks and now may have to have a total shoulder replacement and still they will not pay for medical and the attorney wants me to pay $2500.00 for a deposition of my doctor because the case is settled. I was found totally disabled due to this and no help with medical Please help
You need to file an 8(a) motion. Were you represented? Your lawyer should be the one to file this.
I have open WC case, stress related. My lowyer wanted to sattle the case but I did not agree.I di not finish with my medical procedure. By my request I still work part time. Now my company is ofering me the money just to close the case. They told me to write how much I want. I refused theit offer. I still feel sick and have very bad panick attacs.Since they have been contacting me I feel very sick.Can my company bribe me, is it against the law?
WE REPLY: It's not a bribe. It's an offer to settle. If you don't want to settle, then don't settle.