Understandably, a lot of people that come to us for help are anxious about their case and thinking about what it might be worth if it’s settled. We can’t tell you what it’s worth until your treatment is done with and you are at what a doctor calls maximum medical improvement. In other words you are as good as you are going to get. Even then we might not tell you to settle.
If you are still under a doctor’s care there is no reason to settle your case. Once you do settle you are responsible for all medical bills. So what do you do if you want to get paid for what your case is worth, but don’t want to give up your medical rights?
The answer is go to trial. If you go to trial and the Arbitrator rules that your condition is work related then you keep medical rights open for life as it relates to that injury. In other words, if you have knee surgery, wake up five years from now with a stiff knee and your doctor at that time says it’s arthritis from the old work injury, the workers’ compensation insurance company would have to pay for 100% of your medical treatment at that time.
The only drawback is that by going to trial you don’t get a lump sum settlement, but rather you get paid paid over a period of weeks depending on how much the Arbitrator thinks your case is worth.
If you have hardware in your body from a surgery like a lumbar fusion or ankle replacement or any reasonable belief that you might need medical treatment in the future, it’s a real good idea to think about keeping your medical rights open. If you don’t, you may find yourself in a situation where you have no one to pay for your bills and treatment that you can’t get. Some workers’ compensation trials take less than 60 minutes to complete. We think an hour of your time is worth a lifetime of medical security.
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.
