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!
An occupational injury can severely affect your health, career, finances, and emotional wellbeing. While workers’ compensation can compensate you for some of those damages, you are back on square one if they are denied. At that point, you should hire Antioch workers’ compensation lawyers to get the compensation you deserve.
The benefits you get will depend on your specific situation. This includes your medical state and your earnings pre injuries.
Temporary Total Disability Benefits
In Illinois, your workers’ compensation claim allows you to get medical treatment for work-based injuries for a specific period. While you are recovering at home, you can also collect temporary total disability benefits or TTD. These are usually two-thirds of your average weekly salary and can last from a few weeks to years.
TTD benefits are paid till you:
- Return to work without any medical restrictions.
- Released back to work with medical conditions.
- You reach the Maximum Medical Improvement (MMI) status. Your doctor will deem you eligible for this status if your medical condition stabilizes to the point that you can work without compromising your health and wellness.
Your TTD can be terminated if your boss gives you a light job that isn’t physically demanding. This can happen whether you return to work or not. You can still be entitled to benefits if your employer cannot accommodate your work restrictions. If your benefits are denied, consult with Antioch workers’ compensation lawyers as soon as possible.
When TTD is Terminated
Once your TTD benefits are terminated, you can still get other workers’ compensation benefits such as the following:
- Maintenance awards that cannot be less than your TTD benefits. These should also include expenses and the costs you need for vocational training (if you need to switch professions because of your physical limitations).
- Wage differential benefits to offset the reduced salary you get in your new position because of your condition.
- Permanent partial disability benefits (PPD) are paid to injured workers as compensation for a permanent work injury as per the body part injured. It is often a lump sum. On the other hand, if your claim has to go to trial first, you may get weekly benefits only. You cannot get weekly and wage differential benefits together either.
Many workers in Illinois and across the nation are told they are ineligible for worker’s compensation for one reason or another. However, not all of them are true. Hardworking employees often get coerced into opting out of those benefits or settling for reduced benefits because of irresponsible and greedy employers and insurance companies.
Contact Robert Edens to Get the Compensation You Deserve
People who file claims months after their injuries never knew they had the right to do so immediately. By the time they file their claim, it is too late. If you think your employer has denied your benefits illegally, get in touch with the Law Offices of Robert T. Edens today. Our Antioch workers’ compensation lawyers have years of experience helping hard workers like you get the benefits they deserve.