When an Illinois insurance company won't pay your time off of work

I saw this on a list-serv I am on and thought it was worth sharing:

I got hurt at work, my employers insurance/ workers comp is covering my medical bills but has not paid me my wages. I was out of work for 9 weeks without pay, I have been in contact with the insurance and they have been giving me the run around when they actually answer the call. I returned to work about a week ago. What should I do about this? I was also told that I can sue the insurance for neglecting the case so long and may be entitled to a lump sum since I was in a cast?

Let’s answer the questions one at at time.

  1. He’s still owed the pay for being off of work. The best way to handle that is to hire a lawyer and file a motion for benefits.
  2. We can’t sue the insurance company, but we can file a petition for penalties and fees for the unreasonable delay in the payment of these benefits. This will put some extra money in his pocket and hopefully teach them a lesson.
  3. Yes he’s entitled to a lump sum settlement, but not because he was in a cast. It’s because he sustained a real injury that caused a permanent problem.

I’ve never understood why an insurance company would pay the medical bills and nothing else. Yet it happens all of the time even though there is no basis for doing so. But the sooner you realize that insurance companies don’t always do the right thing, the easier it is to develop the right mind set for dealing with them. We always try to be amicable when we can, but we never let the walk all over our clients like is happening in this case.

We are workers' compensation attorneys who 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.

3/09/13