Illinois Workers’ Compensation Attorneys Don’t Let a Workplace Accident Dictate Your Future
Job-related injuries can include loss of limbs or loss of strength, mobility, or the senses (vision, hearing, etc.). They can also include illnesses caused by exposure to dangerous substances in the workplace or by repetitive activity.
These injuries may be permanent or temporary and may cause total or partial disability, which is why it is vital that you retain the help of a Southern Illinois workers’ compensation lawyer for the help you need.
By state law, all employers in Illinois must carry insurance to pay for injuries incurred by employees while on the job. Federal law provides similar benefits for employees of federal agencies (including the military), as well as for railroad workers and longshoremen.
But obtaining the full medical treatment and compensation you deserve for your workplace injury can be confusing and time-consuming. You know that the workers’ compensation insurance company has attorneys working for them. Make sure you have a good attorney working for you.
How Do I Appeal a Denied Workers Compensation Claim?
Workers’ compensation claims are frequently denied. Your employer may try to argue that your injury or illness is not work-related or that you were negligent and that this led to your injury; their insurance provider may assert that your injury or illness is not covered. Additionally, if you wait too long to notify your employer of your injury, your claim could be denied. In some cases, workers’ compensation claims are unjustly denied by insurance companies or employers in an effort to reduce costs.
If you believe your workers’ compensation claim was wrongfully denied, or if your benefits have been terminated early, you can file an appeal. The first step in appealing a denied workers’ compensation claim in Illinois is filing an Application for Adjustment of Claim. Along with this, you will need to provide proof that you gave your employer (in person or by mail) a copy of the application. You can file the Application for Adjustment of Claim in person with the Workers’ Compensation Commission (WCC) or by mailing it in. This must be done within three years of the date of the injury or within two years of the date on which the final workers’ compensation payment was received, whichever is later.
Once the application is received, the WCC will assign you a case number and arbitrator. Additionally, the WCC will schedule a status call with you every three months regarding your case. Once you are ready, you may request an arbitration hearing. It is important to note that your dispute cannot be resolved until your injuries/medical condition has stabilized, meaning your condition is unlikely to improve even with additional medical treatment. There are some exceptions for emergency situations, but they are relatively rare.
The arbitration hearing proceeds, generally speaking, much like a trial. At the hearing, both you/your attorney and the opposing side’s legal counsel will present evidence in support of your respective positions. After hearing both sides, the arbitrator will make a decision on the case. If you disagree with the arbitrator’s decision, you can file a petition requesting a review of the decision by the WCC within 30 days.
If you wish to appeal a denied workers’ compensation claim, it is strongly recommended that you work with an experienced Illinois workers’ compensation lawyer. This is a complex process, one that involves obtaining evidence in support of your position and meeting all applicable deadlines. Working with an attorney can help ensure that you do not make any mistakes that ultimately end up costing you your rightful benefits.
Focused on Protecting Your Rights
At Sam C. Mitchell & Associates, our Illinois workers’ comp attorneys focus on representing people injured on the job.
Contact us today by calling (618) 505-1660. We offer a free initial consultation and you pay us only if we succeed in getting you the compensation you seek.