What If My Workers’ Compensation Claim Is Denied?

 Posted on June 13, 2019 in Workers' Compensation

Workplace accidents happen even when employers and employees act responsibly and take all necessary safety measures. These accidents can cause injuries that range from head trauma to carpal tunnel syndrome to lung disease. Companies in Illinois are required to carry workers’ compensation insurance in the unfortunate event their employees get hurt on the job. If you suffer an injury while performing your occupation, you can file a workers’ compensation claim to receive benefits for medical bills or lost wages. However, it is possible your claim could be denied. If it is denied, you still have options, but they can depend on the reasons for the denial.

Reasons Why a Workers’ Comp Claim Is Denied

There are several reasons your workplace injury claim may be denied. One reason is a delay in filing the claim. It is imperative that you report your injury or illness to your employer immediately. Then you should file a workers’ compensation claim with the state (unless your employer files it). If you miss a deadline, your claim will probably be denied.

Another reason your claim might be denied is lack of evidence the injury or illness was caused by performing your job duties. Your employer may try to argue that you had a pre-existing condition or you were acting irresponsibly, etc. Gather evidence to support your claim, such as photographs of the injury or witness testimonies.

Insurance companies typically deny workers’ comp claims that were filed after an employee was fired, laid off, or quit. However, sometimes there is a valid reason for filing it at a later date. It is possible you were injured after you gave notice but before your final day at work. In some scenarios, employers fire workers in retaliation for reporting a workplace injury, even though this is illegal.

What to Do If Your Claim Is Denied

If your workman’s comp claim is denied, do not panic. Carefully review the letter of denial to find out the reasons why it was denied. It is possible it is due to something as simple as a typo, and in that case, you can contact the claims adjuster to fix it.

You can file an appeal of the denial of your workers’ comp claim. The first step will likely be a hearing before a judge, and you might have to present medical reports or similar evidence to support your claim. The appeal process can be complicated, but an experienced workers’ comp attorney can help guide you through the steps so you can receive all the benefits you deserve.

Contact a Wheaton Workers’ Compensation Lawyer

If you are hurt at your job, you are entitled to file a workers’ comp claim. If your claim is denied, you need to contact a DuPage County workers’ compensation attorney to find out what your next course of action should be. The Law Offices of David W. Clark, P.C. will fight for your right to benefits so you can recover physically and emotionally. Call 630-665-5678 today for a free consultation.

Sources:

https://www2.illinois.gov/sites/iwcc/about/Pages/workers.aspx

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapAct=820%C3%A2%E2%82%AC%c2%a0ILCS%C3%A2%E2%82%AC%c2%a0305/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Workers%27+Compensation+Act.