Legal Question in Insurance Law in Illinois
neck and shoulder pian
I was at work during the first week in june, while opening a valve I noticed some pain in my shoulder.It felt more sore than pain. the next day or 2 I was just careful with it. For about a week or so after that I took motrin when I woke up and at night. I started feeling some pain on both sides of my elbow, that is when I callled my doctor. He took an ex-ray and started 2 weeks of therapy. about 3 weeks later Iwent back to the doctor with no relief. He sent me to a specialist. I had to say if it was work related, I wasnt sure but they said I had to say yes or no.I a went to my employer an he said if I thought I happened at work I should say yes. when he called his workmans comp, the lady said they would deny it because I did not know the exact day it happened. the bills so far have been going to my medical insurance. I just seen the specialist and he said this should be work related.yesterday I went to my employer an he gave me a injury report to fill out. Should I change this to work related? Will this cause both insurance companys to deny this?
2 Answers from Attorneys
Re: neck and shoulder pian
This is a work related injury.
Use caution when completing the form
if you wish to retain your rights
to claim the injury is work related.
You should seek legal counsel if
you have a desire to obtain
workers compensation benefits.
If this is more than a sprain/strain
injury, it could cause work related
disablility, loss of income
and medical expenses.
Your employer sounds like they
are accepting that this may be work
related, but the insurer runs the show.
Feel free to contact me for a free consultation.
Scott Blumenshine
Law Offices of Meyer and Blumenshine
Re: neck and shoulder pian
This is a work accident and should be reported as such.
With worker's compensation insurance, you would be entitled to weekly pay if you have to take off of work for treatment, there would be no "co-pays" or out of pocket costs and should the injury be permanent you would be entitled to a lump sum of money.
Look at the calendar.
Was it early in the week, late in the week?
Find the date that you reasonably believe that the injury happened and pick that date (make sure you worked that date).
You do not need to know the exact date of this accident, if you are reasonably certain that the date was June 3, 2008.
You can always change the date later too, by the way.
If you need any additional information please feel free to contact me.
Good luck,
Matt Belcher
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