What If My Company Will Not Pay Me While I Have An Injury?

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May 15  

Am I Entitled for a TTD (Temporary Total Disability) Pay?

If you've read my other articles, you know that the insurance company or your employer is supposed to do three things for you.

They're supposed to pay for your related medical care for the injuries you sustained.

They are meant to pay you two-thirds of your wage and not withhold taxes on any injuries or time off work with a doctor's letter from job-related ailments.

The third benefit that everyone receives in workers' compensation is a lump sum payout after the case called permanent partial disability, which represents the change in your body since a wounded or previously harmed body is never the same.

So, what do you do if you are harmed at work and you don't have any money coming in because they decide to fight? There aren't many good alternatives, but one thing you should do is see a lawyer right away since the sooner you get a lawyer engaged, the faster your benefits will be reinstated.

I'd say much more than half of the folks call me because they're not getting their TTD, they're not getting paid when they're off work with a doctor's letter, and I'm able to call the insurance company. Find out what they need, obtain it for them, and get my customers' benefits started right away. In some circumstances, you can't do that because they'll take a defensive posture and refuse to pay anything no matter what I do, but I always start by attempting to get them what they need to begin payments right away.

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19B Petition To The Court

If we can't start making payments right away, the only other choice is to submit a 19B petition with the commission. The problem with that is that it can take several weeks or even more than a month to get in front of a judge, and that's simply depending on scheduling and other factors. The judges only have so many slots to hear the evidence you are hearing, and they, like everyone else, deserve a holiday and sometime off now and again, so the sooner you make the request, the better. However, speaking with a lawyer is the best thing to do since a lawyer may quickly seize on the situation and try to rectify it, getting your benefits willingly returned. Otherwise, prepare a 19B petition and get you a date as soon as possible, although it usually takes four to six weeks to get enough in front of a court, at least in the state of Illinois.

Lawsuit Loan

So, in the interim, you can either tighten your belt or dive into your funds, but if those aren't possibilities, you can take out a lawsuit loan. Now, if you've read any of my previous writings, you'll know that I'm not a big supporter of wounded individuals taking out litigation loans because the loan processing cost is so exorbitant. The interest rates on those items are really expensive, but if you have no other choice, that's the only thing you can do. The other alternative is to meet with an attorney, most of whom specialize in personal injury law. There are loan firms, and they all charge high-interest rates, but an accident lawyer will generally know which companies have better terms, which are flexible after cases, and which are not flexible and difficult to deal with.

Some lending businesses will contact my office every 30 days for an update, as will others who know me, we don't take bad cases and we do a wonderful job on the cases and know that they're going to get paid their money back. They never contact me for status, I mean the case has to be pending for two years before anybody from their offices calls my office and asks me what the state of a case is, so my point is to take out a lawsuit loan at your own risk, but it's so expensive that borrowing money from family or friends or dipping into savings is nearly a better alternative. A lawsuit loan is the last choice, but it can ensure that your rent is paid for a month or two and that you have food on the table while this type of situation is addressed.

Call me if you have any questions; I'm available around the clock and I provide a free consultation. You may get in touch with me if you have any questions by calling 312 500 4500. I'd be pleased to speak with you.

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About the author - Scott D. DeSalvo

I've been helping injured people just like you for my entire 20+ year career in all kinds of injury cases, and I can probably help you, too.

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