McLean County Workers' Comp Lawyer for Denied Claims

Attorneys for Workers' Compensation Arbitration and Appeals in Bloomington, Champaign, and Springfield

If you suffer an injury or illness that is related to your work, you will usually be eligible to receive workers' compensation benefits. Workers' comp covers injuries that occur in workplace accidents, as well as diseases contracted in the workplace and health conditions a person experiences because of the duties they perform as part of their employment. Unfortunately, employers and insurance providers will sometimes deny workers' compensation claims because they do not want to pay out benefits. In these cases, workers have options for appealing a denial, and they will want to work with an attorney to obtain the benefits they deserve.

The lawyers of Kanoski Bresney have been representing clients in workers' comp cases for over 40 years, and we understand the processes followed and the best methods of success when appealing the denial of benefits. We have helped our clients obtain more than $100 million in cases involving work injuries, and we are prepared to fight on your behalf to ensure that you are fully compensated for the costs of medical care and the income you have lost. We will give you respect, response, and results as we proceed with your case.

What Happens When a Workers' Comp Claim Is Denied?

When accidents or injuries occur in the workplace, an injured worker should notify their employer as soon as possible. This will ensure that the costs of medical treatment will be covered, and if a person is unable to work for at least four days, they can begin receiving temporary disability benefits. If an employer chooses to deny a claim, this will usually be on the basis that the injury was not work-related. For example, an employer may claim that a repetitive stress injury was not caused by a person's work duties, an occupational disease was contracted outside of work, or an injury was caused by a pre-existing condition rather than job-related activities. In other cases, specific benefits may be denied because an employer or their insurer believes that certain types of medical treatment are not necessary or because an employer does not believe that an injury has caused a disability that prevents a person from returning to work.

Following the denial of a claim, an employee can file an Application for Adjustment of Claim with the Illinois Workers' Compensation Commission (IWCC). They can then request a hearing before an arbitrator. If an employee has not been able to return to work, and they have not received medical benefits or disability benefits, they can file a petition for an emergency hearing. At the hearing, the arbitrator will review records of medical examinations, hear testimony from both sides, and make a decision about whether the claim should be accepted or denied.

If either the worker or the employer is unhappy with the arbitrator's decision, they can appeal the decision by filing a Petition for Review. A panel of three commissioners from the IWCC will review the information and written and oral arguments presented by both sides, and it will issue a decision about whether to uphold or reverse the arbitrator's ruling. A decision by the IWCC can be appealed to the Illinois Circuit Court, and if necessary, further appeals may be filed to have the case heard by the Appellate Court and eventually the Illinois Supreme Court.

Contact Our Macon County Workers' Compensation Appeals Lawyers

To avoid the possibility of denial, it is best to work with an attorney when making a workers' compensation claim. At Kanoski Bresney, we can ensure that you follow the right procedures and provide the necessary information to show that you are eligible to receive benefits. If your claim is denied, we can represent you in hearings before the IWCC and any appeals that are necessary, and we will fight to make sure you receive all of the benefits you deserve. Contact us by calling 888-U-COUNT-2 or 888-826-8682 to arrange your complimentary consultation. We assist with workers' comp claims, denials, and appeals in Illinois, including Champaign County, Springfield, Quincy, Decatur, McLean County, Tazewell County, McDonough County, Peoria, Rushville, Macomb, Schuyler County, Adams County, Macon County, Pekin, Peoria County, Champaign, Bloomington, and Sangamon County.