Brad E. Bleakney's Answers

Brad E. Bleakney
Chicago Workers' Compensation Lawyer.
Contributor Level 6

3

Attorney answers:

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

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

Asked by a user in Chicago, IL - almost 3 years ago.

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

2

Attorney answers:

  1. Brad E. Bleakney
  2. Peter LaSorsa

Wrongly let go from the job.

Asked by a user in Chicago, IL - over 3 years ago.

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

1

Attorney answers:

  1. Brad E. Bleakney

WC insurance and Medicare

Asked by a user in Chicago, IL - about 3 years ago.

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

4

Attorney answers:

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

Worker's Compensation settlement vs Social Security.

Asked by a user in San Bernardino, CA - 8 months ago.

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

2

Attorney answers:

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

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

Asked by a user in Chicago, IL - almost 3 years ago.

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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