When Should I Settle My Workers’ Comp Case in Illinois?
When your medical condition resulting from a work injury has reached a state of permanency, it is time to begin thinking about settling your claim. Permanency means that your doctor has concluded that you have reached what is called, Maximum Medical Improvement (MMI). When we say begin to start thinking about settlement, we literally mean thinking. Even though insurance companies want to settle immediately after the doctor indicates MMI, do not rush into it.
Do I Need a Functional Capacity Evaluation?
Many times a doctor will have you take a Functional Capacity Evaluation (FCE) after they have determined Maximum Medical Improvement, in order to determine any permanent restrictions that may need to be placed on you. These restrictions could be lifting restrictions, standing or walking limitations, driving restrictions, or anything that may need to be restricted as a result of your medical condition and residual pain.
An FCE is just the beginning to finding out what you can and cannot do. You will need to go back to work before you really know if you can safely work within the restrictions placed on you from the FCE.
Chicago work injury attorney at Horwitz, Horwitz & Associates, Mark Weissburg said, “Think of the FCE as an off the rack suit that might need some modifications.” He went on to say, “You should make a follow up visit with your doctor after you’ve been back to work so your doctor can modify your restrictions as needed.”
Once you settle your case, the Worker’s Compensation insurance will not pay for any more medical treatment. That is why after the doctor determines you have reached MMI, you should only begin to start thinking about settlement.