An injured Illinois worker called me recently in a panic. He was hoping to purchase a home, but had a big medical bill on his credit report. It was from a work injury he had about a year prior. This was affecting his ability to get a loan. Beyond that, the bill had gone to collections and he was being threatened with a lawsuit.
His freaking out was understandable. He had been injured at work and nobody disputes that he was/is entitled to work comp benefits. His time off work was paid as was most of his medical care. In fact, he was still in physical therapy. For whatever reason, the insurance company had not paid this one rather large bill from an ER he went to and it was impacting his life.
I actually loved this call because it is a rare thing when you can not only tell your potential client that you can solve their problem, but that you can do it rather quickly.
Illinois Law On Collections In Illinois Workers’ Compensation Cases
Under Illinois law, there is incredible protection for injured workers from bill collectors. If you are hurt on the job, you can prevent ANY collection efforts or negative credit reporting from happening by formally filing your case with the Illinois Workers’ Compensation Commission.
This process is called an application for adjustment of claim. It is the official filing with the State and also prevents you from having any statute of limitations concerns.
Once this paperwork is filed, we can send a copy to any creditor and the law requires them to stop any collection efforts as long as the case is active. If they fail to do so, they could face significant financial penalties. I have never seen a case where this was a problem.
The goal of course is to get the bill paid. That is also something we can take care of. The insurance company will respond to an attorney, and if they do not and failed to pay the bill with good reason, they too can face significant financial penalties that would go in your pocket.
The Importance Of Being Goal Focused
As lawyers, one thing we often ask clients or potential clients is what is your goal? In a case like this one, it is easy to get wrapped up in how frustrating the experience has been. Our job is to focus on the solution. And there is such an easy solution and a likely quick one that there is no need to stress.
This is one reason why you hire an attorney in the first place. We know the law, including things like this one that nobody really ever talks about. It is one way we can protect you and really help your case run smoothly.
If you would like a free consultation about your claim, we would love to talk to you. Contact us any time at 312-346-5578 for a free case review anywhere in Illinois.
