Q: Worker's Comp refused to pay for the FCE now what?
Hello I live in the state of Illinois. I hurt my back in March of 2016 due to a work related injury. Its now almost 9 months later and I'm still experiencing some pain. I have had epidural steroid injection, physical therapy and plus 4 weeks of work hardening therapy program. I have also been receiving my TDD check weekly. For the past 2 weeks my dr. has asked for an FCE to be done and workers comp refused to pay for this FCE test. So now my dr. has released me back to work full time with permanent restictions. I do have an attorney and I understand all about the interference between client/atty. But my attorney knows whats going on and his response is not acceptable to me! My question is now what's going to happen now that I've been release back with permanent restrictions? My job has been very accommodating up until this point, are they liable to pay for me to go back to school since I can't do my previous job anymore?
How long will it take for me to receive a settlement?
Thanks
A: All questions should be directed to your attorney. If you are not fully satisfied with your current representation, consider hiring new counsel, as it may be a very long road ahead.
A:
You say his answer isn't acceptable without saying what it was. If it was that the law doesn't give him a way of forcing them to pay for an FCE he is likely correct. The law on workers compensation is restrictive and only gives the worker limited rights.
It should be otherwise, but you'd be surprised how few injured workers who get the shaft from the system take the time to write to their state legislators about it. That's how laws get changed--the courts these days under assault by Republicans generally side with the insurance companies.So the lawyer may have been telling you the truth!
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