Don’t Fall for It

If you’re injured on the job, you expect your employer’s insurance company to do the right thing—cover your medical care, pay your lost wages and help you get back on your feet. Unfortunately, that’s not always how it works. While the Illinois Workers’ Compensation Act is designed to protect injured workers, insurance companies are in the business of saving money. And sometimes, that means using tactics that can put your benefits at risk if you’re not careful.

Here are some common traps injured workers fall into—and how to avoid them.

“It’s Not Work Related.”

One of the most common tricks used by insurance companies is questioning whether your injury actually happened at work. The insurance company may suggest your condition is pre-existing or the result of something you did outside the job. They may claim it was unwitnessed or have someone who will testify that you never told anyone about the injury. Repetitive trauma injuries—like back, shoulder or knee problems that develop over time—are very often challenged.

Don’t fall for it. Illinois law covers injuries that arise out of and in the course of your employment, including gradual injuries caused by repetitive job duties. Report your injury promptly, be clear with your doctor about how it happened and make sure your medical records reflect that the injury is work related.

 

“You Have to See Our Doctor.”

In Illinois, you have the right to choose your own doctor. Still, many insurers encourage—or pressure—workers to pursue treatment with a company-approved physician. Some will even tell you that you are prohibited from seeing your own doctor. These doctors may minimize your symptoms, rush you back to work or downplay your restrictions. At a minimum, they are more likely to help your employer than you.

In most cases, you’re not required to see an employer-picked doctor. While you are required to submit to a drug test if requested, you do not have to consent to treatment with their clinic. Choosing a trusted physician who understands your injury and listens to your concerns can make a significant difference in your recovery and your claim.

 

“Let’s Get a Recorded Statement.”

Soon after your injury, you might receive a friendly call from an insurance adjuster asking for a recorded statement. It sounds routine—but it’s not. These statements are often used to lock you into wording or timelines that can later be used against you.

You’re allowed to say no. You are not required to give a recorded statement, especially before speaking with an experienced workers’ compensation attorney. In fact, we strongly encourage you to refuse to give any recorded statement. Let your attorney handle all that for you. We know what needs to be said, and not said, to protect your claim.

 

“Light Duty Means Full Pay.”

Another common pitfall involves light-duty work. Sometimes you are placed on restrictions by your doctor. You present that note to the employer. An employer may offer modified duties and imply that everything will be fine. But if your hours or wages are reduced, you may still be entitled to temporary partial disability benefits—even if you’re working.

Don’t assume that returning to work means your case is over. Make sure your pay accurately reflects the work you’re doing and your medical restrictions.

 

“You Don’t Need a Lawyer.”

Insurance companies often suggest that attorneys just complicate things. They may tell you that getting an attorney will just result in you getting less money. The reality? Workers’ compensation is a complex system with strict rules and deadlines. One missed detail can delay or reduce your benefits.

A local, experienced Illinois workers’ compensation attorney knows the system, knows the tactics insurers use and knows how to protect your rights.

Bottom line:

You didn’t ask to get hurt. Don’t let the insurance company take advantage of you when you’re most vulnerable. If you’ve been injured at work, get informed, trust your instincts—and don’t fall for it. Call Black & Jones Attorneys at Law at (815) 967-9000 today and we will make sure you don’t fall for it.