What to Do if Your Workers' Compensation Claim Gets Denied

 Posted on April 20, 2022 in Workers' Compensation

When you get hurt on the job, you should not have to worry about how you will pay for medical care or get by financially while you are missing work. Workers’ Compensation programs exist for exactly this type of situation. It should be simple - you have an accident in your workplace, you file a claim, and your medical expenses and lost wages are covered. Unfortunately, some employers are not as cooperative with this process as they should be and will deny a rightful claim for any number of reasons. If your claim was denied, you might have a lot of fears about your situation. There are several ways that a Workers’ Compensation lawyer can help you after a denied claim. Your best bet may be to work with an attorney who understands the appeals process well. 

How to Recover Compensation After Your Claim is Denied

An initial denial does not mean that you will never recover compensation for your injuries and lost wages. It does, however, mean that extra steps will need to be taken to fight for the compensation you need and deserve. If you were not working with a lawyer already when you filed your initial claim, it is probably time to find one. Appealing a denied Workers’ Compensation claim can be difficult. 

Your lawyer will most likely want to help you file an Application for Adjustment of Claim with Illinois’s Workers Compensation Commission. This starts the appeals process. From there, your lawyer will generally formally request an appeals hearing. Workers’ Compensation appeals cases are tried before an arbitrator, rather than a judge. An arbitrator acts as a neutral third party and can make a more final decision about your case. 

In some cases, merely filing an appeal and requesting a hearing can push a company to simply settle if they know that they wrongfully denied a legitimate claim. In other cases, you and your lawyer will need to go through a sort of trial before the arbitrator. At the trial, your attorney will have the opportunity to argue your side of the case, introducing evidence of what happened to you and what type of medical care or time off you need as a result. 

What if My First Appeal Also Fails?

There are options for more appeals. Your attorney may recommend appealing the arbitrator’s decision, in which case you are likely to go through another hearing. It is best to have an attorney guide this process. 

Contact a Kane County Workers’ Compensation Attorney

If your rightful Workers’ Compensation claim got denied, Kinnally Flaherty Krentz Loran Hodge & Masur P.C. may be able to help you appeal. Our experienced Aurora Workers’ Compensation lawyers have successfully appealed many denied claims and could be able to do the same for you. Call 630-907-0909 for a free consultation. 

Sources:

https://www.illinoiscourts.gov/courts/appellate-court/workers-compensation/

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx