Reasons Why Your Illinois Workers’ Compensation Claim May Have Been Denied
There are a variety of ways you could get injured on the job, from slipping on a wet floor to accidentally amputating a finger in a piece of machinery. No matter the injury, you should have peace of mind knowing that you are covered by workers’ compensation insurance, which most Illinois employers are required to carry. It can be frustrating when you receive a denial for your workers’ compensation benefits in the mail. If you have been denied your right to workers’ compensation, there are a number of potential reasons why. An Illinois workers’ compensation attorney can help you determine the cause of your denial.
1. Your accident did not occur at work.
Usually, the only type of injuries that are covered under Illinois workers’ compensation are injuries that are sustained from accidents that occurred at work. However, you may still be able to claim workers’ compensation if you were performing work for your employer, even if you were not present at your employer’s location at the time.
2. You did not inform your employer of your injury on time.
Like many other things, there are statutes of limitation that you must obey. For workers’ compensation claims, the Illinois Workers’ Compensation Commission (IWCC) states that you should inform your employer of your injury as soon as possible, but in no case later than 45 days after the day that you were injured.
3. You had a pre-existing condition.
Sometimes, an injury can occur when a pre-existing condition is present and is aggravated by your working conditions. Your employer may try to deny a workers’ compensation claim for an injury that you had prior to your accident. However, you have the right to compensation, even for aggravation of pre-existing injuries.
4. Your employer is holding you liable for the accident.
Usually, a workers’ compensation claim is paid regardless of whose fault the accident was. However, your employer can refuse to pay on a workers’ compensation claim if you were under the influence of drugs and/or alcohol at the time of the accident. In most other cases, however, you should be entitled to benefits.
Our Kane County Workers’ Compensation Lawyers are Here to Help
Being injured at work can not only affect you physically, but it can also affect your entire family’s financial situation. If you have been injured at work and were denied workers’ compensation benefits, you should discuss your case with an experienced Aurora, IL worker’s compensation attorney as soon as possible. At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we have helped numerous clients obtain the compensation needed for their injuries. To schedule a free consultation to get started, call our office today at 630-907-0909.
Source:
https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf
