What Are My Options if My Workers’ Compensation Claim Was Denied?

 Posted on November 09, 2021 in Workers' Compensation

If you have suffered a workplace injury, you may be concerned about how this will affect your ability to earn an income. Fortunately, you can receive workers’ compensation benefits for any injuries that are work-related, and these benefits will address your medical care and the loss of income due to an inability to work or a limitation on the work you can perform while recovering. However, there are some cases where an employer or their insurance company may refuse to pay workers’ comp benefits. If you are struggling to receive the benefits you deserve, you can work with an attorney to determine your options for addressing a denied claim or pursuing an appeal.

Filing a Claim With the Illinois Workers’ Compensation Commission

If you suffer an injury in a workplace accident, or if you experience medical issues related to the work you have performed, you should notify your employer as soon as possible. In most cases, notice must be provided within 45 days after an accident or injury. When you receive medical care, you can tell the provider that your injury or condition is work-related, and they will bill your employer for the treatment you receive. If you miss at least three days of work due to a workplace injury or work-related illness, your employer must begin paying temporary total disability (TTD) benefits.

If your employer refuses to pay benefits because they believe that your injury was not work-related, or if they dispute the extent of a temporary or permanent disability or the necessity of certain medical treatments, you can file a claim with the Illinois Workers’ Compensation Commission (IWCC). These claims must generally be filed within three years after a workplace accident occurred or after you became aware of a work-related injury or illness, or within two years after your employer last paid you TTD benefits or paid for your medical treatment. After filing a claim, the IWCC will assign your case to an arbitrator. After you have reached maximum medical improvement, a trial may be held to address any issues related to the payment of benefits, although you may be able to ask for an emergency hearing if you are not receiving the necessary medical benefits or TTD benefits.

When pursuing a workers’ compensation claim, you will need to demonstrate the following:

• You were employed by your employer on the date that a workplace accident occurred or when you experienced a work-related injury.

• You suffered an injury while working because of an accident in the workplace, an exposure to toxic substances, or a health condition that arose out of your employment.

• There is a causal connection between your injury and your work, meaning that your injury was caused or aggravated by a workplace accident, conditions in your workplace, or the work you performed.

• You provided your employer with notice of your injury within the required time limits.

If you can prove all of these factors, you will generally be able to receive workers’ compensation benefits. If your employer disputes the types of benefits you should be able to receive or the amount that should be paid, the arbitrator in your case can make the final determinations. If you disagree with the arbitrator’s decisions, you can file an appeal in court. At any point during your case, you and your employer can agree on a settlement regarding the types and amounts of benefits that will be paid.

Contact Our Peoria Workers’ Comp Attorneys

Whether you need to make a workers’ compensation claim or address the denial of benefits by your employer, Kanoski Bresney can provide you with the legal representation you need. We will fight to make sure you receive the full amount of benefits you deserve. Contact our Champaign workers’ compensation lawyers today at 888-826-8682 to arrange a free consultation.

Source:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf