What Challenges Can You Face in an IL Workers’ Comp Case?
Most employers in Illinois are required by law to carry workers’ compensation insurance coverage for their employees, although there are a few exceptions. If you are hurt on the clock or contract an illness due to your employment, this coverage pays specific monetary benefits.
Although workers’ compensation is a no-fault insurance policy, you may face some challenges if you attempt to file a claim. These challenges may decrease the amount you receive, and if you are unaware of your rights, you might not get all the benefits you deserve. A knowledgeable lawyer from Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help.
What Benefits Are Included in Workers’ Comp Insurance?
Workers’ comp insurance is designed to help injured or ill workers with qualifying expenses. The benefits you may receive include:
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Medical expenses
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Temporary or permanent disability
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A portion of your lost wages
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Reduced earning capacity
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Hearing or vision loss
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Vocational rehabilitation
Families of qualifying fatal accident victims may be eligible for death benefits. The Illinois Workers’ Compensation Commission oversees these cases and provides a handbook detailing the program, procedures, and benefits.
What Challenges Are Common in Workers’ Comp Claims?
Like almost all other kinds of insurance claims, workers’ comp insurance companies do not want to pay them. Your employer may not like you filing a claim, either, because it may increase premium rates.
Many people do not possess the legal knowledge or resources to overcome potential challenges successfully. When you choose Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we can help you reach a satisfactory solution to your workers’ comp claim.
Pre-Existing Conditions
Many times, a worker can sustain an on-the-job injury or illness that makes an existing condition worse. The effects of an exacerbated pre-existing condition are temporary, while those accompanying aggravated pre-existing conditions are permanent.
Benefit Apportionment
To reduce how much they have to pay, liable insurance companies might apportion your benefits. In this scenario, the company could claim that your reported work-related injury is not the sole cause of your medical condition. They may say that a pre-existing condition or a non-work-related incident contributed to the illness or injury you are currently experiencing. For instance, insurers may claim that your work duties are only responsible for 60 percent of your back problems, with the remaining 40 percent attributed to another cause. This would mean the company’s liability is only for 60 percent of your applicable benefits.
Claim Denials
Your employer’s workers’ comp insurance company may deny your claim for various reasons. You do not have to accept a claim denial; your legal team from Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help you dispute it.
Seeking Other Forms of Compensation
When you accept workers’ comp benefits, you give up the right to file a personal injury claim against your employer in most cases. Workers’ compensation does not provide non-economic damages, which would compensate you for the negative effects your incident has on your quality of life.
You may be able to pursue a personal injury claim against your employer if certain criteria are met. You may also qualify for a personal injury claim if a third party caused your injuries or illness. Working with an experienced attorney from Kinnally Flaherty Krentz Loran Hodge & Masur P.C. who handles both types of claims can ensure that each case proceeds smoothly.
Schedule a Conversation With Our Skilled Aurora, IL Workers’ Compensation Lawyers
You do not have to face the many potential complications in your workers’ comp claim alone. Kinnally Flaherty Krentz Loran Hodge & Masur P.C. will work to protect your best interests and can help you achieve the best possible results. Call us today at 630-907-0909 for your free consultation with one of our dedicated Kane County, IL workers’ comp attorneys.
