The once in a lifetime situation
One of the great things about Illinois workers' compensation law is that if you sustain an injury that will effect you in the future, you can hire a lawyer, go to trial and keep your medical rights open for life as relates to that injury. We often discuss doing this with clients who have had a surgery where hardware was put in to their body that might some day have to come out or be replaced.
I recently received a call from someone who has open medical rights from an eye injury. They are in their late 70's. The injury happened 60 years ago. That's right, SIXTY years ago. It's a unique injury and work comp has been paying bills almost every year since then. She is now blind and that problem traces itself back to the original incident. Her doctor wants her to be put in assisted living with 24 hour care.
This treatment of course is very expensive and the facts of this case are unusual. But if this woman gets the prescription and takes it to the insurance company, they should have to pay for all of it, no matter how long it lasts. The bigger problem for the family will be that if the insurance company denies the claim, will an attorney come to the rescue and take it to trial. If a client of ours keeps medical rights open, we of course go back in for them when needed because that is part of the fee we've earned. But if it's not a client and we can't get a fee, honestly we probably wouldn't do it.
In the bigger picture, it really is a fascinating scenario. I've talked to people who have open medical rights from cases from the 1980's. But never before had I talked to someone who has a case from the 1950's. Hopefully the insurance company will continue to do right by her and pay for the needed care.
