What would Jesus do if hurt on the job in Illinois?
We just reviewed the medical records of a woman who hurt her back on the job, ended up having a back fusion surgery, but never had hired an attorney because she is "not the suing type." She also agreed to put all of her medical bills through her husband's group insurance.
Aside from the fact that a workers' compensation claim is not a lawsuit, it's a claim for benefits, what this lady did is a huge mistake. Here is why:
1. Following her fusion, her doctor eventually ordered physical therapy. The insurance company has a policy that you can only receive 12 weeks of physical therapy. This woman made great progress in her therapy, but needed about six more weeks of work per the doctor. Request denied. Had she pursued workers' compensation benefits, she could have received treatment as long as it was reasonable and necessary. She instead was forced to try to give herself therapy at home and at a gym and wouldn't you know it, she re-injured her back and may need a new surgery.
2. If the group insurance company finds out that she really hurt herself on the job, they will cut off any future payments until they have either been reimbursed or you pay an equal amount on your own. In other words, if you get hurt and they pay $10,000 worth of bills, if they realize that was a mistake they can either sue you for $10,000 or tell you that the next $10,000 of care is not covered. So imagine not being able to work and now your kid needs to have his appendix removed, but you have to pay for it yourself. Think that might create some stress? Had she just done the right thing and applied for benefits, 100% of her bills for the back injury would have been covered with no co-pays or out of pocket expenses.
3. The real kicker is that on advice of her boss who is "also a Christian and believes as I do that you shouldn't sue anyone", she instead lied to her doctor and said she got hurt at home. That might help her avoid a lawsuit from her own insurance company, but since the boss now insists that she never reported a work accident and because her own statements support that, there is almost no chance of winning a workers' compensation claim. Can someone please explain to me how it's not "Christian" to seek out benefits if you are hurt on the job, but it is "Christian" to tell an employee to lie about it and then take actions that deny them medical care.
We say it over and over, but we'll say it again. No matter who you are, if you tell the truth then things will work out fine. When you lie, exaggerate or say what you think you are supposed to say, that's when you get in trouble.
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.
