Legal Question in Workers Comp in Illinois

Re: Neck Surgery

QUESTION:

I have been off work for 40 months. Seen numerous specialists with about the same notes. C4/5 needs fused )2) said. And another said C6/7 replacement wuth a study type operation. Then the case nurse stated that the ins. company wouldnt consider paying such a study operation. She said go back to the original neuro and have the fusion done. But was wanting the replacement done b/c if it never worked it could be reversed if needed. She said no the ins. comp. wouldnt pay for it. so after 8 months post surgery the neuro said I was at MMI and that I needed to go to pain management for possible long term or in fact lifelong medication. He then sent me to the other ortho that said I needed the replacement. He said oh my why did you have this done. I doubt if I can fix the baggage this other neuro has done. He said that this guy did the wrong surgery and that he was quite prophetic about C6/7 being done with replacement and then if needed C4/5 fused later on if this never worked and possible fusion of the C6/7 etc. This was back in Aug. 06 and I have not seen anyone since then but pain mang. every 3 months. They are still paying my weekly benefits but I have gone from somewhere around 50% down to 20%.. Surg. says cannot return to my job???

ANSWER:

You need a lawyer and you need a lawyer fast.

Why people do not seek out counsel earlier is a mystery.

Assuming that you have sustained a compensable workers compensation accident in the State of Illinois - you generally get all of the lawyers' services for the costs of 20% of your permanency award (paid at the end of your case).

For a short answer to your many issues - I can tell you that the insurance company has an obligation to pay for whatever procedures are necessary to treat or cure your condition.

The insurance company must continue to pay you your weekly benefits until you are returned to work - and those benefits may not be decreased.

If you are unable to return to your usual occupation, then they must provide you with vocational rehab.

If you are placed in a position that pays less than you could have earned at your old job, then you are entitled to be paid 2/3rds of the difference in your pay rate for the rest of your life.

Or, if you return to your usual occupation, then the insurance company must pay you monetary compensation for the permanent loss of use of your neck.

Please contact a lawyer who is well versed in workers compensation and a lot of your problems will be solved!

Good Luck,

Matt Belcher

Re: Neck Surgery

SO many things wrong happening to you. Call me to discuss and we will straighten this out. 312-

346-

5578.

Mike Helfand

Attorney at Law

www.findgreatlawyers.com

Re: Neck Surgery

Dear Sirs:

You may have a medical malpractice case for treatments you have received.

We would need to obtain all the medical records and have these reviewed by a qualified specialist.

Our firm has handled many such cases.

Sincerely,

Law Offices

JOHN C. WUNSCH, P.C.

Re: Neck Surgery

I would recommend you contact an attorney directly. You may call my office at 312--357--1431 at any time.

Jeff Friedman