What Is My Recourse If My Workers’ Comp Claim Is Denied?

In Illinois and other states, workers’ comp insurance covers workplace injuries. If you were injured and your claim was denied, there may be several reasons behind it. You may feel as if you are out of options, but there are steps you can take to reopen your case.

What You Should Do If Your Workers’ Comp Is Denied

If your workers’ compensation request is denied, the first thing you should do is to file an Application for Adjustment of Claim through the Illinois Workers’ Compensation Commission (IWCC). Your employer should file this form, but you can do so as well.

Once that is done, you can request a hearing with them to appeal the rejection. You will get an arbitrator and a case number for your hearing appeal. Workers’ comp lawyers in Waukegan have to file these claims within three years of a worker’s comp rejection.

If you need to get an answer from them fast, you can ask for an emergency hearing via a Petition for Immediate Hearing. However, you can only use this option if your employer owes you more than 12 weeks of disability payments and if you were unable to return to work.

Top Reasons  Workers’ Comp Claim Denial

Just because your claim was denied doesn’t mean your employer has it in for you. There are several reasons why you are in that situation. Some of the common reasons for workers’ comp denial include the following:

• Your injury did not occur in your workplace. Employers usually deny claims for damages that happen outside the workplace, or if they are not the result of work their employee did for them.
• You failed to report the injury on time. You have 45 days to report your injuries to your employer to get the ball rolling for worker’s compensation claims.
• Your employer thinks your injury was your fault. If drugs and alcohol consumption led to your injuries, chances are your claim may be denied. If that isn’t the case, you should hire experienced worker’s comp lawyers in Waukegan to sue for compensation.
• You have a pre-existing condition that may be confused with an injury. Even these conditions are covered under worker’s compensation if your work duties aggravate your condition. If your employer tries to deny it, you have a solid case on your hands and can hold them liable.

Contact Robert Edens for Legal Representation

If your workers’ comp claim was denied for none of the reasons mentioned above, you should file a lawsuit with help from the Law Offices of Robert T. Edens. We have been fighting for the rights of employees like you across Illinois and have more than two decades’ worth of successful cases to show for it. We have recovered millions of dollars for our clientele.

We can ensure you can get the compensation you deserve. The longer you wait, the higher the chances of claim rejection. We will put all of the resources to work to make your claim strong, and we are not opposed to aggressive tactics if it means you are compensated. Get in touch with us for a consultation today!