Filing a Reflex Sympathetic Dystrophy (RSD) Lawsuit
FAQ,Personal Injury,Slip and Fall,Work Injury,Workers' Compensation - March 28, 2024 by Horwitz, Horwitz & Associates
Question:
I fell and injured myself at work and got RSD (Reflex Sympathetic Dystrophy). I was on workers comp. for 10 months and then the company doctor said nothing was wrong with me and I can return back to work. My doctor never would and still has not released me to return to work.
They took me off of workers comp 15 months ago and I haven’t got any pay since. My question is: 1) How much should I expect to get from workers comp when a settlement is made and 2) If I should settle for a lump sum? I have been told not to take a lump sum because I have to see my doctor monthly because of pain and that my employer should have to pay my medical bills for my lifetime. Also I have applied for disability and am still appealing their denials.
I do have an attorney but wanted someone else’s point of view.
– Linda, Peoria, IL
They took me off of workers comp 15 months ago and I haven’t got any pay since. My question is: 1) How much should I expect to get from workers comp when a settlement is made and 2) If I should settle for a lump sum? I have been told not to take a lump sum because I have to see my doctor monthly because of pain and that my employer should have to pay my medical bills for my lifetime. Also I have applied for disability and am still appealing their denials.
I do have an attorney but wanted someone else’s point of view.
– Linda, Peoria, IL
Answer:
You have an attorney in Illinois and he is certainly in a better position then I am to answer your questions. However, I will make the following suggestions:
First, we know that RSD is a devastating, brutal and permanent injury for which there is no cure.
Therefore, I would be very hesitant to take a lump sum, unless as part of the settlement they guaranteed payment of open medical for life. I suggest trying your case. A victory at trial will automatically get you open medical for life. With RSD, it’s important you have the best physicians treating you for life. The injury is too severe to risk anything else.
If you have guaranteed insurance for life from somewhere else, then perhaps you could go for a settlement.
I also suggest you file an emergency motion to get your TTD started again. Its called a 19b1. It requires your attorney to work. But, that’s his job. Accept nothing less! You are entitled to your weekly wages and you should demand that it be started up.
I am not surprised the employer’s doctor returned you to work. It is a typical and all too commonly seen facet of insurance corruption. The insurance company would as soon see you die or not get compensated. They hire crooks to stop you from getting paid, while they make millions or billions. You’re a witness to that. Get justice. Force your attorney to file the 19b1 and force him to try your case. It’s one of the few freedoms we have left.
A settlement is easy for the attorney. But, the attorney is not hurt. You’re the client. You have to be protected, not the attorney.
Good luck.
First, we know that RSD is a devastating, brutal and permanent injury for which there is no cure.
Therefore, I would be very hesitant to take a lump sum, unless as part of the settlement they guaranteed payment of open medical for life. I suggest trying your case. A victory at trial will automatically get you open medical for life. With RSD, it’s important you have the best physicians treating you for life. The injury is too severe to risk anything else.
If you have guaranteed insurance for life from somewhere else, then perhaps you could go for a settlement.
I also suggest you file an emergency motion to get your TTD started again. Its called a 19b1. It requires your attorney to work. But, that’s his job. Accept nothing less! You are entitled to your weekly wages and you should demand that it be started up.
I am not surprised the employer’s doctor returned you to work. It is a typical and all too commonly seen facet of insurance corruption. The insurance company would as soon see you die or not get compensated. They hire crooks to stop you from getting paid, while they make millions or billions. You’re a witness to that. Get justice. Force your attorney to file the 19b1 and force him to try your case. It’s one of the few freedoms we have left.
A settlement is easy for the attorney. But, the attorney is not hurt. You’re the client. You have to be protected, not the attorney.
Good luck.
