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What Can I Do if My Workers’ Compensation Claim Was Denied?

Posted on in Workers' Compensation

elgin divorce lawyerAnyone can be injured at work. While accidents and injuries may be more likely in some professions, they can also occur at an office or another location that is relatively safe, or a person may experience health issues related to the work they perform. Fortunately, anyone who suffers work-related injuries will be eligible for workers’ compensation benefits. However, there are some cases where employers or their insurance companies may deny these benefits. In these situations, workers will need to determine their options for appealing a denial and receiving the benefits they need and deserve.

Filing a Claim With the Illinois Workers’ Compensation Commission

The first thing that a person will need to understand is the reason their workers’ comp claim was denied. In some cases, a denial may occur because a person did not notify their employer within 45 days after their injury occurred. An employer may also deny a claim because they believe that an injury was not work-related or that it was not serious enough to require a person to miss work. An employer is required to provide an employee with a written explanation that states the reason workers’ comp benefits are being denied.

An employee may file a claim with the Illinois Workers’ Compensation Commission (IWCC) to dispute the denial of benefits or ask for additional benefits to be paid. Generally, claims must be filed within three years after the injury occurred. If the employer paid any medical benefits or temporary disability benefits, a claim must be filed within two years after the employer's last payment of benefits.

After a claim is filed, the IWCC will assign the case to an arbitrator. A trial may be held once the employee reaches maximum medical improvement, and at this trial, the employee will need to prove to the arbitrator that they are eligible to receive benefits. If a person needs immediate help because they are unable to pay medical bills or because their injury has prevented them from working, they may request an emergency hearing in which they may ask to receive medical benefits or disability benefits.

An arbitrator may encourage the parties to reach a settlement regarding the benefits that an injured employee will receive, or they may make a decision about whether the employee is entitled to certain benefits. If an employee is unhappy with the arbitrator’s decision, they may file an appeal, and their case may be reviewed by a panel of three IWCC commissioners. If necessary, the decisions of this panel may be appealed in the applicable Illinois circuit court, and further appeals may be pursued through the Appellate Court and the Illinois Supreme Court.

Contact Our Kane County Workers’ Compensation Claim Lawyers

During a workers’ compensation claim, it is crucial to have legal representation from a lawyer who is experienced in these types of cases. At Ariano Hardy Ritt Nyuli Richmond Lytle & Goettel P.C., we understand the procedures followed in IWCC trials, emergency hearings, and appeals, and we can help you take the right steps to receive the benefits you need. Contact our Elgin workers’ comp attorneys today at 847-695-2400 to set up a free consultation and get the legal help you need.



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