Legal Question in Workers Comp in Illinois

Other employment while on workers comp

I injured my back at work a few months back and filed all the workers comp paperwork & began receiving my medical benefits, etc. with no problems. I was released to light duty work, but decided I didn't want to risk another injury, so I quit, but was told by the insurance company that I would continue to receive medical benefits. I got another job offer doing computer work from home, which would completely fit in with my light duty restrictions. I asked the insurance co. about it and they said I would still be eligible for my medical benefits until I recovered (technically, I am an independent contractor at my new job & am not even on their payroll). I scheduled a procedure which was denied by the insurance co. I phoned them and they said since I was employed elsewhere and they could not restrict my work activities that I was no longer eligible to receive medical benefits. This is the exact opposite of what they had told me previously. Needless to say, I am still suffering with back pain and want to know what my eligibility is supposed to be. Do all benefits cease if one becomes employed elsewhere? Do I have any rights at all in this case?


Asked on 1/10/07, 1:00 am

3 Answers from Attorneys

Matt Belcher Belcher Law Office

Re: Other employment while on workers comp

QUESTION:

I injured my back at work a few months back and filed all the workers comp paperwork & began receiving my medical benefits, etc. with no problems. I was released to light duty work, but decided I didn't want to risk another injury, so I quit, but was told by the insurance company that I would continue to receive medical benefits. I got another job offer doing computer work from home, which would completely fit in with my light duty restrictions. I asked the insurance co. about it and they said I would still be eligible for my medical benefits until I recovered (technically, I am an independent contractor at my new job & am not even on their payroll). I scheduled a procedure which was denied by the insurance co. I phoned them and they said since I was employed elsewhere and they could not restrict my work activities that I was no longer eligible to receive medical benefits. This is the exact opposite of what they had told me previously. Needless to say, I am still suffering with back pain and want to know what my eligibility is supposed to be. Do all benefits cease if one becomes employed elsewhere? Do I have any rights at all in this case?

ANSWER:

Without regard to where you work right now - An employer�s liability to provide the necessary medical care contemplated by 8(a) of the Workers' Compensation Act is continuous as long as the care is reasonable required to relieve the injured employee from the effect of the injury.

Whether you are or are not in the same job or with the same employer, unless you have had an intervening accident or injury, it is the responsibility of the employer to pay for work-related injury medical treatment.

If you need anymore information please let me know.

Good luck,

Matt Belcher

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Answered on 1/10/07, 1:09 am
Mike Helfand IllinoisLawyers.com

Re: Other employment while on workers comp

They are lying to you. Your medical rights have nothing to do with your employment. If you would like an attorney referral to get the treatment you need, please let us know. We cover all of Illinois.

Yours truly,

Michael Helfand

Attorney at Law

www.findgreatlawyers.com

312-

346-

5320

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Answered on 1/10/07, 12:20 pm
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Other employment while on workers comp

You are certainly entitled to additional medical care. However, you may be at a point where you will need a lawyer and file a WC claim to have your rights restored for you. I would be happy to discuss your case more fully with you. Please feel free to call me.

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Answered on 1/10/07, 7:14 pm


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