Work injuries can happen to anyone. Sometimes a work injury is the result of repetitive motions like typing and lifting. Other times, work injuries are caused by a sudden accident like an equipment failure or fall. Many injured workers are unable to fulfill job requirements due to their injuries and are left burdened by medical debt. Workers’ compensation may provide the financial support injured workers need. But what happens If a workers’ compensation claim is denied?
Qualifying for Workers’ Compensation in Illinois
All Illinois employers are required to carry workers’ compensation insurance. An injured worker is entitled to compensation through workers’ comp if:
- The injury occurred while or because of the employee’s work.
- The injury occurred while the employee was at work or performing work duties.
- The employee was not committing a crime or violating company policy at the time of the injury.
- The worker notified the employer within 45 days of the injury.
Employees may not be eligible for workers’ compensation if:
- The injury was caused by a physical altercation or fight at work.
- The worker was not an employee at the time of the injury.
- The worker is rightfully classified as an independent contractor, not an employee.
- The injury or illness was not work-related or happened outside the course of employment.
Appealing a Denied Workers’ Comp Claim
If your workers’ comp claim was denied but you meet the criteria to qualify for compensation, you may be able to fight the denial. If your employer refuses to provide workers’ compensation benefits, the employer must provide a written explanation describing why the claim was denied. The denial may be due to a misunderstanding.
If your request is still denied, you can request a hearing with the Illinois Workers’ Compensation Commission (IWCC). The case will be heard by an arbitrator for the IWCC who will evaluate the facts of the case and issue a decision. If you disagree with the arbitrator’s decision, you can appeal to a panel of IWCC commissioners. If the claim is still denied, you can take the case to the Circuit County and then, if needed, the Appellate Court. Some workers’ compensation cases go all the way up to the Illinois Supreme Court.
Filing an appeal can be a complex, frustrating experience. It is highly recommended that anyone seeking to appeal a workers’ compensation denial contact a skilled workers’ compensation lawyer for help.
Contact a Crystal Lake Workers’ Compensation Lawyer
If you were injured at work, the McHenry County work injury attorneys at Botto Gilbert Lancaster, PC can protect your rights and advocate on your behalf. Call our office today at 815-338-3838 and set up a free consultation.
Source:
https://www2.illinois.gov/sites/iwcc/Pages/default.aspx