Legal Question in Workers Comp in Illinois

Work Comp and ERISA

I won a work comp case in August 2008. The respondant, AIG appealed. Are there any guidelines in Illinois as to how long an appeal should take. If they lose the appeal I was told that they can appeal again. Is this true?

I decided to have the surgery using my health care plan. Three days before the surgery AIG offered a settlement. However, since I'm on the Cobra plan, the respondants attorney is claiming he has the right to take the health care cost off the top of the offered settlement. He's claiming that he has that right due to ERISA. The Employee Retirement Income Security Act. WTF?!?! I have no clue what the related costs are going to be. I won't finish rehab until April or May of 2009, and that's if I make a full recovery. How can I make a decision on a settlement now if I don't know what the costs are going to be and if I'm going to be 100%.

This was spinal fusion surgery. I may never recover more than 60 or 70%. If I settle, I give up my future rights to treatment if this surgery fails or have lingering effects.

And how the hell does ERISA come into play to the respondants benefit?

ERISA is a govt mandate to protect the EMPLOYEE.

Please help! This is causing my too much stress in my life.

Thanks


Asked on 12/04/08, 6:51 pm

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

Re: Work Comp and ERISA

At this point the only advice I can give you is to hire an attorney. There is no way to know whether what they are telling you is true or not true or half truth or whatever.I am astounded that you have not retained an attorney from the getgo.

Be that as it may, you better take your case to an attorney and have him/her take a look at it and see what is what.

I hope this helps-

Nima Taradji

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Answered on 12/04/08, 9:30 pm


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