Frequently Asked Questions about Workers Compensation Law
- How will the changes made to the Workers' Compensation Act in the summer and fall of 2011 affect me?
- Do I have to receive treatment from the company doctor?
- Can my employer or the workers' compensation insurance company refuse to authorize my medical treatment?
- Do I really need an attorney to represent me in a workers' compensation claim?
Get reliable advice from a Springfield workers compensation lawyer
John V. Boshardy has been guiding injured workers through their workers' compensation claims since 1991. For quality representation from an attorney who understands your frustration, contact John V. Boshardy & Associates, P.C.
How will the changes made to the Workers' Compensation Act in the summer and fall of 2011 affect me?
The Illinois Legislature amended, or changed, key elements of the Illinois Workers' Compensation Act. Some of the changes became effective on the day that Governor Pat Quinn signed the Amended Act into law on June 28, 2011. Other changes did not take effect until September 1, 2011. The changes made to the Workers' Compensation laws are far too extensive to summarize in the space available here. What is important to know is that Illinois workers still have the right to obtain medical care and compensation for their work related injuries. Unfortunately, the legislature has made it harder for workers injured in Illinois to obtain medical treatment and the monetary compensation they deserve. None of the changes were made to benefit injured workers. These changes were made to reduce the money that insurance companies pay on claims, allowing the insurance companies the opportunity to make larger profits at the expense of injured Illinois workers. The changes to the Workers' Compensation Act create further obstacles by introducing procedural changes that are designed to slow down the system and frustrate injured workers. The changes will result in needless delays for injured workers in efforts to obtain needed medical treatment and complicate and delay the payment of compensation to injured workers. Now, more than ever, injured workers will need the advice and assistance of a qualified and knowledgeable attorney to help injured workers navigate the system, and reduce the delays in obtaining compensation for their injuries. Contact the law offices of John V. Boshardy & Associates for more information on the changes and what you have to do to protect your rights.
Do I have to receive treatment from the company doctor?
Recent changes to the Illinois Workers' Compensation Act have drastically altered the rights of injured workers' to receive medical treatment from doctors of their own choice. These changes create traps for Illinois workers that may result in the injured worker becoming responsible for payment of the medical expenses they incur! Under the previous Workers' Compensation Act, an injured worker could choose to receive medical care from two physicians of their own choice, and any physician to whom those first doctors referred them. This rule was allowed because a doctor employed by the injured workers' employer could not be trusted to provide with the injured workers' best interests as the only factor considered. Under the changes to the Illinois Workers' Compensation Act, an injured worker no longer has the right to choose two (2) doctors of their own choice if the employer provides, and notifies, its employees that the employer maintains a Preferred Provider Program (PPP). If an employer maintains a PPP, the injured worker may seek medical care from a physician in the PPP, OR the injured worker may choose to treat with only one doctor of his or her own choice. If the employer does not maintain a PPP, the employee retains the right to choose from two separate doctors for which the employer will remain liable if the claim is found compensable, and may also be referred to as many other doctors that may be reasonable and necessary to cure the injury. Understanding these rules and making the correct choices at the beginning of a claim is more important than ever to the successful outcome of an injured workers’ claim. You should contact a John V. Boshardy & Associates as soon as you have been injured to help you navigate these new rules, and obtain quality medical care, so you do not become responsible for paying your work related medical bills.
Can my employer or the workers' compensation insurance company refuse to authorize my medical treatment?
The Workers' Compensation Act does not expressly provide your employer or the insurance company with the right to authorize or withhold authorization for medical care. However, the employer or insurance company may request utilization review of the proposed medical treatment and may refuse to authorize treatment which is not approved through the utilization review process. Utilization review is not the final decision and its decision may be reversed by the Illinois Workers' Compensation Commission through arbitration. Consult a knowledgeable attorney to determine whether further legal action may result in approval of your medical treatment. Also, an employer or insurance company may dispute that it is liable for the condition for which medical treatment is prescribed and withhold authorization. The Illinois Workers’ Compensation Commission resolves such disputes through arbitration and, if you wish to pursue a rejection of your claim, you should consult a knowledgeable attorney to assist you in preparing your case for arbitration your claim. Preparing a case for arbitration begins when an injured worker is first injured. Do not wait to hire an attorney.
Do I really need an attorney to represent me in a workers' compensation claim?
It has never been advisable for anyone to represent themselves in a legal proceeding. A workers' compensation claim is a legal proceeding with rules and procedures of which most injured workers have no knowledge. Insurance companies hire and train insurance adjusters who are knowledgeable about workers' compensation laws and are trained to manipulate a claim with the sole purpose being to pay the least amount possible on a claim. Many of the actions taken have no apparent connection to this purpose to a person who is unfamiliar with the system. An injured worker should always bear in mind that an insurance company's primary legal obligation is to protect its stockholders' money so the company can make a profit. Insurance companies accomplish this by either managing claims to steer injured workers down a road which will result in the least amount of compensation being paid, or by denying and defending claims. Unlike attorneys, insurance adjusters are not required to deal morally or by any code of ethics. Insurance companies hire attorneys to whom they pay a lot of money to use their skill and knowledge of the laws to find factual or legal arguments to convince the Workers' Compensation Commission to deny a claim. The injured worker needs a knowledgeable attorney to help guide them through this system. A knowledgeable attorney can help you obtain the compensation you deserve. Recent changes to the Illinois Workers' Compensation Act have created additional procedures and rules which are designed to make it even harder for injured Illinois workers to obtain all of the compensation which they may have a right to receive. As a result of these changes, actions taken, or not taken, by injured workers right after an accident have the potential to alter the course of a claim and prevent an injured worker from obtaining all, or significant portions of, the workers' compensation benefits and monetary compensation which injured Illinois workers deserve and used to take for granted. Now more than ever you need a knowledgeable attorney to help you navigate the minefield of the Workers' Compensation system.
