What to do if the workers compensation carrier cuts of your TTD benefits or refuses to pay your medical bills.
Hi this is Dave.
When an injured worker finds out that the workers compensation carrier is refusing to pay TTD benefits or refusing to pay the medical bills they get very interested in the next step they have to take. When an injured worker finds out that the workers compensation carrier is refusing to pay TTD benefits or medical benefits, there becomes a sudden urgency in the steps that injured worker must take.
First thing you should do is hire an experienced workers compensation attorney to help you file the case if you haven’t done so already. The attorney will file a 19(b) Petition or 8(a) Petition to force the Arbitrator to conduct a Pre-Trial Conference regarding why you’re not getting paid your weekly benefits or why the carrier is not paying your medical bills. The attorney must file the 19(b) or 8(a) Petition 15 days before the Trial call with the Arbitrator that is assigned to your case. Since the Arbitrators rotate their location every month, at three different venues, where you have your Pre-Trial Conference can vary.
Before you file your 19(b) Petition, you must get a note from your doctor stating that your unable to work as a result of your work related injury. That note should give the basis for your doctor’s opinion that you can’t work as a result of your work related injury. If the workers compensation carrier is denying your medical benefits, you need a prescription or an order from your doctor regarding the type of test or treatment that he believes is necessary. The prescription or note from your doctor needs to be attached to the 19(b) or 8(a) Petition before it is filed.
The Arbitrator will conduct a Pre-Trial Conference in an attempt to resolve the issues of non-payment of TTD benefits and/or failure to pay the medical benefits. If the Arbitrator cannot resolve the issue at the Pre-Trial Conference, the Arbitrator will schedule a formal hearing regarding those issues. Usually before the Arbitration hearing is conducted the parties will secure the evidence deposition of the treating physician and the evidence deposition of the defense medical examiner. In addition all of the medical records of the injured worker will need to be subpoenaed so they can be admitted at the hearing. After the hearing the Arbitrator will issue a written ruling usually within a month or two of the actual hearing date.
If you wish to learn more about your legal rights after you have been injured at work, I recommend that you order my free book entitled: “Everything you wanted to know about your Illinois Workers Compensation Case But Were Afraid to Ask”. All you have to do to order this free book, is to fill out the form on the website and we’ll be happy to put it into the mail right to you.