Top 10 Reasons Your IL Workers’ Comp Claim Might Be Denied

 Posted on September 20, 2024 in Workers' Compensation

When you become ill due to work-related causes or are hurt at work, you are entitled to workers’ compensation benefits in Illinois. Unfortunately, many workers file a claim only to have it denied. Understanding the top reasons for denials may help you avoid problems getting the benefits you deserve. The knowledgeable attorneys at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. have helped injured Illinois workers with workers’ comp claims for over 50 years, and we stand ready to assist you with yours.

What Reasons Do Insurers Often Give When Denying Workers’ Comp Claims?

Although Illinois workers’ comp laws give you rights as an injured employee, your employer or his insurance company may not approve your claim. Some commonly used reasons for denial include saying that:

• You did not report your injury or illness to your supervisor or employer within the 45-day deadline

• Your illness or injury is not work-related

• You did not seek medical attention promptly, implying that your condition is not serious

• Your injury or illness is a pre-existing condition

• You were intoxicated or high when your accident occurred

• You were using company time for personal business

• You did not file your claim with the Illinois Workers’ Compensation Commission within three years

• You violated company policies by not following mandated safety precautions

• Your account of how your accident happened is inconsistent with witness statements or medical records

• No witnesses saw your accident happen, nor did video surveillance cameras capture it

If your claim was denied for these or other stated reasons, you can appeal that decision. Although you usually cannot file a personal injury claim against your employer, there are exceptions. In addition, if a third party caused your accident, you may be entitled to a settlement from that party. Your experienced lawyer from Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can handle your potential personal injury and workers’ comp claims. We can also help you appeal a denial and overcome other challenges in your case.

What Other Problems Could You Face With Your Workers’ Comp Claim?

Your benefits should cover your medical expenses and a percentage of your lost wages. You may also be entitled to temporary or permanent disability and vocational retraining if you cannot return to your previous position. Families of fatal workplace accident victims may also receive death benefits.

Just because you are entitled to these benefits, that does not mean you will receive the full amount you deserve. Other challenges injured workers frequently face include:

• Apportionment of benefits

• Claims that your medical expenses were not reasonably necessary

• Employer retaliation against you for filing a workers’ comp claim

You can trust Kinnally Flaherty Krentz Loran Hodge & Masur P.C. to advocate for your rights and best interests.

Call for Your Free Consultation With Our Skilled Aurora, IL Workers’ Compensation Lawyers

Whatever problems you have with your workers’ comp claim, the award-winning legal team at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help. Call us at 630-907-0909 to discuss your situation with our dedicated Kane County, IL personal injury attorneys.