Punishing an insurance company that screws you over
An insurance company has every right to deny your benefits if they have a valid reason for doing so. If they have a doctor that says your injuries aren't work related or that you don't need any more treatment, even if that doctor is a hired gun they can cut you off. If they have a legitimate dispute as to whether or not your injuries are work related, they can cut you off. If you do get cut off, you have the right to go to trial and prove your case.
But if the insurance company knows that your injuries are for sure related to a work related accident and they just refuse to pay or significantly delay your payments, then they are flat out wrong.
If this happens to you, you can either grin and bear it or do something about it. The option for doing something about it is to file a petition for penalties and fees. If the Arbitrator feels that there is no basis for being forced to trial over a disputed issue, he can make the employer pay up a 50% penalty on your medical bills and $100 a day for each day late on TTD. They would also have to pay your lawyer fees.
In other words, if you have $200,000 in medical bills that are denied for no good reason, you might find yourself with an extra $100,000 in your pocket because of the unreasonable delay in payment.
It doesn't happen too often, but if you are getting screwed over, penalties and fees petitions are great tools to get justice.
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.
