I was told by my attorney that I could only get treatment in Illinois. which is where my work injury occurred. That the workers comp insurance would try their best to settle instead of allowing me to get treatment in another state. The insurance company has been trying to beat around the bush in almost every way. I received my ttd back pay after three months and it was not 66% it was 230 a week the states minimum. And it’s been another three months waiting for the rest of it. I had to move for financial reasons and still need medical treatment for my back injury.
I've had no issues obtaining medical care for clients that live or have moved out of state it may take a little work to get this approved but it can be made to happen
No attorney client relationship has been formed until you sign a representation agreement.
I agree with my colleague Mr. Corti. I’ve never had problems getting treatment for clients in other states. Arbitrators will order it consistently.
It's true that you can get treatment in another state. However, if issues arise that require a hearing, the out-of-state treatment and your relocation means that additional expense and time may be added to the case. These aren't deal-breakers, but are worth considering.
My answers to this question are informal and partial due to the insufficient nature of the information exchanged. These answers do not make me your lawyer. In order to make me your lawyer you have to hire me, in writing. Answers given herein are necessarily brief and cannot be complete or reliable legal advice until (a) an attorney-client relationship has been established, and (b) until complete information has been given pursuant to that relationship..
Your attorney could have Motioned your case up for a Hearing to get your TTD sooner AND in the proper amount. Your attorney is wrong or you misunderstood. NO INSURANCE CARES where you are treated. You simply need to be aware that the provider MUST be willing to accept the Illinois fee schedule amount for the care provided.
If your attorney really told you: " the workers comp insurance would try their best to settle instead of allowing me to get treatment in another state," you need a new attorney. You CANNOT settle your claim until reach MMI (maximum medical improvement). If you need medical care that has been delayed for more than 6 months, you REALLY need a new attorney .
As my colleague advised, moving out-of-state is a bad idea because you MUST be available for trial in Illinois.
Delays of days or weeks CANNOT be prevented by the best attorney but there is no excuse for delay that lasts for 6 months.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
You can receive treatment outside of Illinois in workers' compensation claims. You have not provided enough information regarding your TTD benefit rate and why you are not receiving the benefits. Do you have an updated off work note? You should contact your attorney immediately to determine why benefits are not being issued timely and how the benefit rate is being calculated.
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