Legal Question in Workers Comp in Illinois

Re: Work Comp

QUESTION:

I injured my hand approx two weeks ago at work. I reported it to my boss and filled out an incident report with him. At the time I felt as though it was not going to be a problem and although he suggested I get medical treatment immeadeatly ar the following day I did not. Now two weeks later I am still hurting from the incident. I made mention of this to him and he told me I need to see a Dr. and get written permission to return to work but that because it has been two weeks that he will not pay any of the bills. Is he able to refuse payment being that it has been two weeks or is he still responsibale even though he suggested a E.R. visit and I at the time refused it.

ANSWER:

He is not able to refuse payment.

An employer�s liability to provide the necessary medical care contemplated by 8(a) of the Workers' Compensation Act is continuous as long as the care is reasonable required to relieve the injured employee from the effect of the injury.

Whether it is two weeks or two months - if you reported the incident and need medical treatment, it is the responsibility of the employer to pay for work-related medical treatment.

Additionally, according to a case called Plantation Manufacturing Co. v. Indust. Comm. 294 Ill.App.3d 705, 691 N.E.2d 13, 229 Ill.Dec. 77 (2d Dist. 1997), you are entitled to an order from the Workers' Compensation Commission requiring the employer to authorize prospective (future) medical treatment prescribed by your doctor.

I would recommend that you immediately seek medical treatment from your family physician.

If you need anymore information please let me know.

Matt Belcher