A New Work Comp Act Has Been Enacted
Many Rumors are Flying - Most of These are Untrue.
A new work comp act in Illinois took effect September 1, 2011. This act has many provisions which substantially change the way workers’ compensation cases are handled. My office is prepared to handle these changes and effectively fight for the injured worker so that the injured worker may obtain a satisfactory award.
The one change that you may hear the most about has to do with the American Medical Association standards known as the AMA standards. Under this standard, a doctor assigns a percentage for the individual’s impairment. The insurance company can deceptively tell you that since your doctor assigned “x” percentage impairment rating that this is all you get. This is not true.
There is a big difference between impairment and disability. You are ultimately awarded permanent partial disability, not permanent partial impairment in a workers’ compensation case. The Illinois Workers’ Compensation Commission simply takes into consideration the AMA guidelines among other things when assigning disability. Do not be the poor victim being told that since this is what the doctor assigned, this is what you get.
Furthermore, the AMA standards are for the 6th edition. There are not any doctors who are even qualified in the Rockford area to do a proper assessment under the 6th edition. I have a colleague in Chicago who is certified for making assessments under the American Medical Associates guidelines 6th edition. I have talked to him and he has explained at length to me the difference between impairment and disability. This doctor will properly assess impairment and discuss disability.
Medical releases
Do not sign medical releases which permit the insurance adjustor, or its attorney to talk to your doctor. You have the right to make certain this does not happen.
Carpal Tunnel Cases
There is also a rumor floating that carpal tunnel cases are no longer compensable. This is not true. The State Legislator tried to limit the amount of money a person could receive for carpal tunnel cases, but the awards are still there and are still substantial.
My office is working hard to make certain that for all accidents after September 1st, we are able to fight and fight well for our clients. I want my clients to feel that they are well represented and that they are getting the best they can under the law.
Venue
The Illinois Workers’ Compensation Commission is eliminating certain venues and creating regions. Rockford will be in Zone 5. This will include Rockford, Waukegan, and Woodstock. An injured worker’s case will float every month between these various venues. An individual’s case may be up in Rockford in January then will be up in Waukegan in February and Woodstock in March. Many small firms cannot handle this geographically spread out process. My office is more than willing to go to Waukegan two or three or four times a month or whatever it takes to advance your case. You will not have to wait for action because of these changes.
My office is ready to appear at any venue in the State of Illinois to advance our client’s cases. For this reason, when you are represented by my office, we will appear monthly at any location to advance your case.
