Find out how temporary total disability benefits work in Peoria, IL, and what injured workers must do to protect their rights while unable to return to work.

During the course of your workers’ compensation case, the workers’ compensation insurance company for your employer may involve the services of a nurse case manager. Nurse case managers can be employees of the employer’s workers’ compensation insurance company or can be an individual contracted by the employer’s insurance company. Typically, nurse case managers’ credentials include those of registered nurse. The nurse case manager is an extension of the workers’ compensation insurance company in your case and her tasks include monitoring the injured workers’ medical progress. Nurse case management can be accomplished, in some cases, by telephone. Typically such calls occur after the injured worker has visited with a medical provider. At that time it is the job of the nurse case manager to gather from the injured worker sufficient information to report the progress of the injured worker’s condition of occupational ill-being to the insurance adjuster responsible for your claim. Other nurse case managers may accomplish their assigned tasks in a more hands on fashion. You may find the nurse case manager in the waiting room of your doctor’s office at the time of your scheduled appointment. There will be communication between you and the nurse case manager before you see your doctor. At John Lesaganich, P.C., Attorney At Law, we establish and enforce ground rules pursuant to the nurse case manger’s involvement in your case. A Peoria Workplace Injury Attorney Working with Nurse Case Managers Specifically, we insist that the time between you and your doctor in the examining room be private and if the nurse case manager is to approach the medical provider post-examination with questions, that this be done in the presence of the injured worker. In the case of hands on nurse case management John Lesaganich, P.C., Attorney at Law insists that the nurse case manager come to our office to meet with the injured worker before formal nurse case management begins. We insist on such a meeting so that the aforementioned ground rules might be firmly established. Not all nurse case managers are cut from the same cloth. Some can be a genuine asset to your case as they provide another means of direct access to the workers’ compensation insurance company. Additionally, they may have legitimate suggestions genuinely aimed at relieving the injured worker from the effects of his or her work-related injuries. Other nurse case managers seem to define their role in the medical process as securing as early as possible a declaration of maximum medical improvement and cessation of temporary total disability benefits. Reasonable cooperation from the injured worker is expected with regard to the involvement of the insurance companies nurse case manager. But, in the end, the best nurse case managers are the ones John Lesaganich, P.C., Attorney at Law can manage. We offer free, confidential consultations. Call us or toll free. You can also contact us to find out more. Contact Us Contact our office or toll free to talk with attorney John Lesaganich about your workman’s comp benefits. At our office, initial consultations are always free and confidential. We are located on Main Street in downtown Peoria, across from the courthouse.

John Lesaganich, the founder of our Peoria-based law firm, brings thorough knowledge of workers’ compensation law as both a defense attorney for insurance companies and an advocate for injured workers. That insight includes an awareness of the two-doctor rule and the reasons for its implementation. An Experienced and Knowledgeable Illinois Workers’ Compensation Lawyer  In September of 1980, Illinois workers’ compensation law was amended. Section 8A focused on the employer’s liability for reasonable and necessary medical care. The “two-doctor” rule was enacted. “Doctor shopping” was a common practice prior to the amendment that allowed for injured Illinois residents to receive treatment from two authorized doctors of their choosing. At John Lesaganich, P.C., Attorney at Law , we clearly communicate the facts surrounding the two-doctor rule to our clients. They are not necessarily limited to two doctors. If those medical professionals make referrals, injured workers can see as many doctors as necessary. For example, a family doctor can make a referral to an orthopedist. That orthopedist can then refer their patient to a neurosurgeon. We offer free, confidential consultations. Call us or toll free. You can also Contact us to find out more. Contact Us Contact our office or toll free to talk with attorney John Lesaganich about your workman’s comp benefits. At our office, initial consultations are always free and confidential. We are located on Main Street in downtown Peoria, across from the courthouse.

At John Lesaganich, P.C., Attorney at Law we stand by our clients throughout the entire process of a workers’ compensation claim. Such focused advocacy is vital during the independent medical examination stage of any workers’ compensation case. Indeed, IME is often a pivotal point in determining whether the injured worker will continue to receive the voluntary payment of temporary total disability benefits. The opinion of the employer chosen IME physician may also include opinions with respect to the nature and extent of the injured workers’ injuries and whether they relate to the effects of or the aggravating effects of the accidental injuries or manifestation at bar. The employer’s right to independent medical examination is statutory. If the injured worker is provided with adequate notice and advanced appropriate mileage moneys reflecting travel to and from the IME physician’s office then the injured worker must attend the IME. For, failure to attend a properly scheduled insurance company IME doctor’s appointment will result in the suspension of your benefits. And those benefits will stand no chance of reinstatement until you do attend the next employer scheduled IME appointment. The Information You Need on An Illinois Independent Medical Examination  At John Lesaganich, P.C., Attorney at Law we believe it the better practice to meet with the injured worker before the injured worker’s attendance at an insurance company scheduled IME appointment. It is likely Mr. Lesaganich will have prior familiarity with the doctor to whom the insurance company is sending you. During your pre-IME appointment Mr. Lesaganich will attempt to instruct you on effective communication with the insurance companies doctor. Mr. Lesaganich will also help you select among your medical records those most instructive to the IME physician for presentation to the doctor at the IME. As will all medical providers involved in a workers’ compensation case the Arbitrator responsible for your case will likely have prior familiarity with the work of the IME physician involved in your case, as well as the various treating medical providers. Arbitrators, as people, can develop attitudes and notions of whether certain doctors are to be viewed as credible. Such attitudes may vary from Arbitrator to Arbitrator. Mr. Lesaganich will likely know from experience how the report of the IME physician involved in your case may influence the opinion of the trial Arbitrator in your case. By the time your IME has been scheduled, if you do not already have the benefit of counsel, it may very well be time to call an experienced Illinois Workers’ Compensation trial lawyer. The number of independent medical examinations the employer and its workers’ compensation insurance company may choose to pay for during the pendency of a workers’ compensation case is without limit, but notions of reasonableness as to the time between IMEs is a factor. Finally, remember that IME is available to the injured worker also. However, an employee scheduled IME does not entitle the injured worker to mileage moneys payable by the employer’s workers’ compensation insurance company nor is the employer responsible for reimbursement of any wages lost pursuant to attendance at an employee scheduled independent medical examination. John Lesaganich, P.C., Attorney at Law , knows that the IME is a very important tool employers use to suspend benefits and withdraw authorizations. The examination can be a turning point in any workers’ compensation case and serves as vital evidence. So if you find yourself in this situation please contact my office. Contact Us Contact our office or toll free to talk with attorney John Lesaganich about your workman’s comp benefits. At our office, initial consultations are always free and confidential. We are located on Main Street in downtown Peoria, across from the courthouse.

At John Lesaganich, P.C., Attorney at Law, we take the arbitration of our client’s cases very seriously. Arbitration is not to be confused with pre-arbitration meeting with the Arbitrator. For, such a pre-arbitration meeting is informal and there is no record made of such a proceeding. On the other hand, arbitration is a formal hearing in the presence of an Arbitrator of the Illinois Workers’ Compensation Commission who is authorized to administer oath to the injured worker before the worker testifies and also to any witnesses called by either party to arbitration. Arbitration occurs in the presence of a court reporter who creates a record of the sworn testimony taken at arbitration, as well as the questions of both lawyers and questions or comments made by the Arbitrator. Arbitration generally is necessary in the face of a continued denial of benefits despite attempts at reason and pre-arbitration meeting or an inadequate offer to settle the pending workers’ compensation case. At arbitration the Illinois rules surrounding evidence and procedure apply. At arbitration there is simply no substitute for experience. For, an experienced workers’ compensation trial lawyer with a successful arbitration record brings to the arbitration hearing room a certain presence advantageous to his client when he enters the hearing room. The arbitration of a workers’ compensation case many times begins with the conduction of evidence depositions of the various medical provider(s) and/or IME physician(s). Depositions are necessary because despite a well authored narrative report, the report is technically hearsay; therefore requiring cross-examination of the doctor by the party raising the hearsay objection. Insist from your lawyer the opportunity to read the text of any pre-arbitration evidence depositions. For, its reading should provide you with not only an indication of your attorney’s skill level, but also a better understanding of the medical issues in the case to be presented to the Arbitrator. A Peoria Alternative Dispute Resolution Attorney  At John Lesaganich, P.C., Attorney at Law, we take the pre-arbitration preparation of our clients very seriously. Days before arbitration, it is this firm’s practice to go over the evidence with the injured worker and also to prepare him with ideas as to what questions he will be asked by not only this office but also by opposing counsel. Depending upon the identity of the Arbitrator, the injured worker can be made to wait thirty to ninety days before receipt of the Arbitrator’s decision. Review or appeal of that decision is a matter of right to either party. Unfortunately, reviews prolong the arbitration process anywhere from a few months to just a bit more than one year. The Need for Experience on Both Sides of A Workers’ Compensation Claim Before arbitrating your claim your lawyer should tell you something about the Arbitrator who will hear your case. Arbitrators are generally classified by experienced workers’ compensation trial lawyers as liberal, middle of the road, or conservative. Liberal referring to a more worker oriented attitude towards application of the Illinois Workers’ Compensation Act. While middle of the road refers to an Arbitrator who possesses both liberal and conservative tendencies. Finally, the conservative Arbitrator would seem to be more inclined to apply the Act in a way which seems to be somewhat employer oriented. Knowing your Arbitrator can be very much a part of considering what to do with a pending settlement offer. Again, predicting the attitudes of the trial Arbitrator and the potential effects of those attitudes on the injured worker’s likelihood of success at arbitration can be an essential component to the decision making process involved in considering whether to settle or arbitrate a workers’ compensation case. The lifetime medical and lifetime disability checks you hear about on television are much more often than not the result of the successful arbitration of your case and not simply its settlement. For, with successful arbitration comes what lawyers call open Section 8(a) benefits which refers to the injured worker’s continued access to credible, reasonable and necessary related medical care post arbitration for as long as the injured worker can prove that such post arbitration medical care is indeed reasonable, necessary and related to the effects of the accidental injuries at issue before the Arbitrator at the original arbitration of the case. Successful arbitration also allows the injured worker certain rights pursuant to Section 19(h) of the Act which permits either the employer or employee within thirty (30) to sixty (60) months, depending upon the nature of the Commission award, access to review by the Commission upon the ground that the disability of the employee has subsequent to arbitration recurred, increased, diminished or ended. Successful arbitration and the continued access to Sections 8(a) and 19(h) of the Act can be of great benefit to the injured worker who suffers from an occupational condition of ill-being which is progressive in nature. We offer free, confidential consultations. Call us or toll free at. You can also contact usto find out more. Contact Us Contact our office or toll free to talk with attorney John Lesaganich about your workman’s comp benefits. At our office, initial consultations are always free and confidential. We are located on Main Street in downtown Peoria, across from the courthouse.

Employees who suffer occupational injuries may consider hiring workers’ compensation lawyers to help ensure they receive the appropriate benefits. Unfortunately, workers in nearly every occupation and industry are commonly injured on the job. According to the Bureau of Labor Statistics, there were almost three million work-related injuries and illnesses reported across the U.S. in 2014. Often, injured employees in Illinois, and elsewhere, are entitled to workers’ compensation benefits. Due to the complexities that the process sometimes holds, some injured workers choose to hire workers’ compensation attorneys. Dealing with Threats  Sometimes following an occupational injury or illness, employers will put unreasonable expectations or requirements on injured workers. This may include requiring them to provide a doctor’s note every week or demanding that they come in to perform menial tasks. In other cases, employers may threaten to fill their jobs if they do not return to work within a specified amount of time, or even to terminate their employment. Workers’ compensation attorneys generally understand what employers can and cannot do. This may prepare them to deal with such threats, and ensure workers’ rights are not violated. Fighting Denied Claims Even when they meet the eligibility requirements, not all workers’ compensation claims are approved upon their initial filings. In such situations, those who are injured on the job may choose to appeal the decision. Workers’ compensation lawyers are familiar with how the appeals process works, as well as the challenges that such petitions may carry. By hiring an attorney to guide them, injured employees may reduce their stress levels, and ensure they receive the benefits to which they are entitled. Knowledge of The Rules and Requirements There are numerous complexities involved with workers’ compensation claims in Illinois. For example, some workers may receive typical payments, including coverage of their medical expenses and disability pay. Other workers may be offered lump sum settlements. As the Illinois Workers’ Compensation Commission points out, however, accepting such settlements may require injured workers to give up certain rights. Workers’ compensation attorneys are generally familiar with the rules and requirements of the system. Furthermore, they are able to understand the legalities that may be included in some settlement offers. Thus, workers’ compensation attorneys may help injured workers to understand what is expected of them. Legal representatives may also help people to determine if an option is right for them based on the circumstances of their cases. Protecting the Rights of Injured Workers As a result of suffering occupational injuries, people in Illinois may incur medical expenses and lose income while they are off of work recovering. Therefore, many who find themselves in such situations rely on workers’ compensation benefits to cover their medical costs, and help them to support themselves and their families. Workers’ compensation attorneys may help ensure their clients’ rights are upheld, and that they receive the benefits they need and deserve.

Illinois’ workers’ compensation program is designed to help employees injured while on the job yet this program is the subject of budget concerns. Illinois residents have the right to go to work every day with the assurance that should they be injured while on the job, workers’ compensation will be there for them. Certainly workers’ compensation may not cover every work-related incident as there are specific criteria that must be met. However, this no-fault benefits system is something that many people rely on. Will workers’ compensation be there if and when needed? Is it being properly administered and funded? These are just some of the questions being raised now as workers’ compensation takes center stage in what may become a heated budgetary issue in the state capitol. What Is the Heart of The Issue?  As Fox 32 Chicago reports, the rules about medical payments to hospitals and providers for workers’ compensation claims changed 11 years ago. Essentially, the amount of money that was required to be paid by employers to providers was increased rather dramatically. Once nicely in line with the national average, Illinois’ workers’ compensation costs all of a sudden grew out of line with those in most other states. In fact, only six states have costs greater than those in Illinois. To illustrate the cost issue, a single medical procedure can cost an employer more than double what the exact same procedure can cost Medicare. This issue is now getting the attention of some state lawmakers who are pushing for the rules to be changed. In fact, a decision about this may directly affect the Governor’s ability to get a budget deal agreed upon. Strong Support and Strong Opposition Generally speaking, democratic lawmakers are supporting a change in the state’s approach to workers’ compensation costs. They are even asserting that without a change, injured employees could be at risk for not receiving the care they need when they need it. On the other side, the Illinois AFL-CIO union has voiced strong opposition to any change according to the Alton Daily News. Statistics on Workers’ Compensation Claims The Illinois Workers’ Compensation Commission’s 2013 Annual Report indicates that roughly 50,000 employee claims are made to the commission each year. This represents roughly 25 percent of all workplace injuries that happen. Of those claims, a large percentage is settled through arbitration while a few are dismissed. As many as 4,000 may requiring an official ruling by an arbitrator and about half of all rulings are appealed. Appeals go first to Circuit Courts and then may proceed to an Appellate Court or even the Supreme Court. Injured Workers’ Rights Matter Whether or not any change is made to how workers’ compensation care is paid for remains to be seen. But, what is still known is that injured workers deserve care and benefits for job-related incidents. Talking with an attorney after a work accident is recommended to learn the best way of pursuing benefits.

The events following an injury suffered on the job is no time for a hard-working professional to think he or she knows more than an experienced attorney. At John Lesaganich, P.C., Attorney at Law, our founder brings experience, legal knowledge and insight as a former insurance defense attorney. Simply put, the process of a workers’ compensation benefits claim is anything but “do-it-yourself.” A Peoria Work Injury Benefits Attorney Fighting to Maximize Compensation The first question we often hear at John Lesaganich, P.C., Attorney at Law is, “What is the settlement value of my case.” Our founder’s job is to fight to maximize the workers’ compensation benefitsworkers’ compensation benefitsworkers’ compensation benefitsworkers’ compensation benefits our clients receive in a settlement. Cases are complex even for a less-experienced lawyer. Final verdicts are rendered by an arbitrator, not a judge or jury. There is no substitute for the experience and insight that John Lesaganich , the founder of our Illinois workers’ comp law firm, provides to injured workers throughout the state. Since 1978, he has worked on either side of the arbitration table, putting him in contact with nearly every state arbitrator working today. They know him. More importantly, he knows them. Precedents in Illinois law exist that impact the average weekly wage for the injured worker and must be observed. The more they made in their tenure with their employer, the more money they will be paid while off work. Surgery is of important value as operative problems are automatically more serious. Period of time off is a factor as is a permanent defect or work restrictions. We offer free, confidential consultations. Call us at or toll free. You can also contact us to find out more. Contact Us Contact our office or toll free to talk with attorney John Lesaganich about your workman’s comp benefits. At our office, initial consultations are always free and confidential. We are located on Main Street in downtown Peoria, across from the courthouse.

During the course of related medical care and treatment following a work-related accident or manifestation there will likely be a point in time where the injured worker needs to be seen by a specialist and/or need expensive diagnostic testing (i.e. MRI, EMG/NCV, CT/Myelogram). Specialists and the hospitals and clinics which provide the aforementioned diagnostic services will likely require that such services be authorized by your employer’s insurance company before you are permitted to see the specialist or be tested. The necessity of authorization is absent from the text of the Illinois Workers’ Compensation Act. Instead, it is a product of the way specialists, hospitals and clinics choose to do business. Succinctly stated, authorization means that the medical provider wants to know that its bill will be paid before that bill exist An Experienced and Persuasive Peoria Workers’ Comp Lawyer  At John Lesaganich, P.C., Attorney at Law acquiring authorization for related medical care and treatment is a hot button issue. Many times an experienced workers’ compensation trial lawyer with a reputation of successful trial work can by reason obtain authorization for reasonable and necessary medical care. Just as in the case of unreasonable delay in the payment of TTD benefits, the employer can be penalized for failure to timely authorize reasonable and necessary medical care if it can be shown that the refusal to authorize care was without just cause. The injured workers’ attorney may also place the facts of the case, the law and relevant medical records on the desk of the Arbitrator at a pre-arbitration meeting intended at persuading the Arbitrator to recommend that the employer authorize the care sought. Finally, there is a legal method whereby the Illinois Workers’ Compensation Commission can order the employer to authorize the reasonable and necessary medical care the injured worker requires. However, remember that once the arbitration process is set into motion it becomes a time consuming process. In the face of denial of authorization from your employers workers’ compensation insurance company it is totally appropriate for the injured worker to utilize available collateral insurance sources (i.e. group health insurance, private insurance policy or public aid). Utilization of such collateral insurance sources does not prejudice your case. In fact, the use of such collateral insurance sources in the face of workers’ compensation authorization denial is smiled upon by Arbitrators. For, use of such collateral sources moves the case forward. But, an experienced workers’ compensation trial lawyer knows that at the conclusion of the injured workers’ claim that there must be a reckoning with the collateral source. Such a reckoning would be an element of the injured workers’ settlement or Arbitrator’s award and not detract in any way from those monies to which the injured worker is entitled had the authorization been extended voluntarily at the beginning. We offer free, confidential consultations. Call us or toll free. You can also contact us to find out more. Contact Us Contact our office or toll free to talk with attorney John Lesaganich about your workman’s comp benefits. At our office, initial consultations are always free and confidential. We are located on Main Street in downtown Peoria, across from the courthouse.