Brad E. Bleakney’s Answers

Brad E. Bleakney

Chicago Workers' Compensation Lawyer.

Contributor Level 6
  1. Work Comp and how long does a company have to submit paper work to there insurance company?

    Answered almost 2 years ago.

    1. Brad E. Bleakney
    2. Alan James Brinkmeier
    3. Steven Adam Sigmond
    4. Marc Bennett Stookal
    5. George Ellis Corson IV
    5 lawyer answers

    As a practical matter, the workers compensation adjuster in charge of your claim needs sufficient documentation before any benefits can issue and before any medical bills can be paid. They cannot pay your benefits without the proper documentation. My advice would be to cut through all the red tape and pick up your doctor's office notes, ER or company clinic records and be sure to pick up copies of the off work slips to verify your lost time and then submit all the documentation directly...

    5 lawyers agreed with this answer

  2. How long does it take to receive compensation after a final offer has been accepted in an injury case?

    Answered about 5 years ago.

    1. Brad E. Bleakney
    2. Peter Marc Schaeffer
    3. Stephen Laurence Hoffman
    3 lawyer answers

    It sounds as if your attorney is cleaning up loose ends. Workers shouldn't pay the medical bills out of their portion of the settlement unless there are problems with the case or problems with relating the particular treatment for that bill to the workers comp case. You don't have a final settlement agreement until both sides actually agree on all the exact terms of settlement (in your case for example, who pays that medical bill) and when you have signed settlement contracts that are...

    10 people marked this answer as helpful

  3. What do I do if my attorney isn't doing his job

    Answered about 2 years ago.

    1. Stephen Laurence Hoffman
    2. Brad E. Bleakney
    3. Charles Joseph Michael Candiano
    3 lawyer answers

    The easy answer is talk to your attorney first. Try to set up an appointment if necessary to sit down and find out why you are not being paid and find out the status of your claim. Most often, I find that its a simple lack of communication with the workers comp insurance carrier or the adjuster in charge of your claim regarding your current medical status or your inability to work. Don't wait for your attorney, if you don't have a current off work slip don't expect to get paid benefits....

    4 lawyers agreed with this answer

  4. Wrongly let go from the job.

    Answered over 5 years ago.

    1. Brad E. Bleakney
    2. Peter LaSorsa
    2 lawyer answers

    Mr. Washington: If your job injury resulted in light duty work restrictions and you are still under a doctor's care for medical treatment, your employer may be responsible for paying on going disability benefits during a layoff where they make no work available for you within your restrictions. If the layoff is permanent and you can't get a new job because of the injury related medical restrictions, you may be entitled to disability benefits or assistance for vocational...

    3 people marked this answer as helpful

  5. What is the wait period for a workcomp. settlement case in Illinois?

    Answered about 2 years ago.

    1. Stephen Laurence Hoffman
    2. Charles Joseph Michael Candiano
    3. Steven Adam Sigmond
    4. Gregory E. Tuite
    5. Brad E. Bleakney
    5 lawyer answers

    There is no specific time limit set for settlement by Illinois law. There is no exact formula that applies to each and every case as each claim for injury is different. A back injury with surgery may take a full year or more just to complete treatment. Generally, the case should never be settled until all medical care has been completed and there has been a return to work to make sure that job duties are tolerated. You also need sufficient time to check to make sure all the medical bills...

    1 lawyer agreed with this answer

  6. What are our legal responsibilities to a driver (lift 50#'s) who's been out a year on w/c claim coming back with restrictions?

    Answered about 2 years ago.

    1. Stephen Laurence Hoffman
    2. Bobby L. Bollinger Jr.
    3. Brad E. Bleakney
    4. George Ellis Corson IV
    4 lawyer answers

    When medical care is finished, the workers compensation carrier can set up an FCE ( Functional Capacity Evaluation) to determine his real time permanent work restrictions and have those restrictions reviewed by an IME or by the treating doctor to see if he can return to his regular job. I would note from my 25 years of experience handling back injury claims that some people can and do heal up far better than others due to their general health, their effort in physical therapy and their...

    1 lawyer agreed with this answer

  7. WC insurance and Medicare

    Answered over 5 years ago.

    1. Brad E. Bleakney
    1 lawyer answer

    Yes, Medicare will cover all non-accident related normal medical expenses just like usual. The Medicare exclusion on coverage (when dealing with a workers compensation claim per the Secondary Payer statutes) only applies to all work accident related medical care. That is to say, after a workers comp settlement, Medicare will not pay for future medical bills which are specifically related to the work accident. That is why Medicare requiresreview and prior approval of all workers comp...

    2 people marked this answer as helpful

  8. Worker's Compensation settlement vs Social Security.

    Answered almost 3 years ago.

    1. George Ellis Corson IV
    2. Kenneth Michael Sheppard
    3. Brad E. Bleakney
    4. Brian S Wayson
    4 lawyer answers

    Medicare's interests must be protected in your workers compensation settlement with a Medicare Set Aside future medical account if you are applying for SS Disability or applying for Social Security retirement benefits. Where your future medical rights are specifically left open in the workers compensation case in settlement terms, this is not necessary. Where, as a result of the injury, you actually qualify for Social Security Disability benefits, Social Security will take a credit or...

    2 lawyers agreed with this answer

  9. Will an ins company pay out a settlement to a beneficiary if the worker died a month after settling?

    Answered about 5 years ago.

    1. Michael J. Helfand
    2. Brad E. Bleakney
    2 lawyer answers

    A settlement is not final until the pink settlement contracts are signed and actually approved by the IL Workers Compensation Arbitrator or Commissioner. Here, I assume that this was not able to be done due to your father's illness. Some cases for permanent injury can and do survive the unrelated death of the worker. Often the worker's dependents or the surviving spouse is entitled to receive that amount that would have been paid out in settlement but for the unrelated death. If the...

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