Do You Need an Attorney for a Workers’ Comp Claim?

Do You Need an Attorney for a Workers’ Comp Claim?

If you have suffered injuries in a workplace accident or developed a medical condition related to your work, you are likely entitled to compensation through the Illinois Workers’ Compensation Act. Workers’ compensation provides injured workers with benefits regardless of fault, so you can get benefits even if you were partially or even fully at fault for your injuries or illness.

This fact may lead you to think that you do not need a lawyer to pursue a workers’ compensation claim, but this could not be further from the truth. Workers’ compensation insurers (or employers who are self-insured) want to save money like everyone else, so anyone who is considering making a workers’ compensation claim should contact an attorney as soon as possible.

How Can a Workers’ Compensation Lawyer Help You

To understand why it’s in your best interest to retain a lawyer, it’s helpful to consider what it is that workers’ compensation lawyers do. Some of the specific ways an attorney may be able to help you include the following:

Determine whether you have a claim

Not every injury that occurs at work or illness you develop is work-related. In fact, if there is any question as to whether you are covered by workers’ comp, you can bet that the insurance company is going to deny your claim. Your lawyer can review the facts of your case and determine whether you have a claim and, if you do, file your paperwork with the appropriate party.

Negotiate with the insurance company

As mentioned above, workers’ compensation insurers want to save money, and they do so by settling claims for as little as they can. They often offer unrepresented victims laughably low settlement offers in hopes that they will just accept them, sign the paperwork that releases them from any further liability, and move on. When you work with an attorney, your lawyer will determine the benefits you should get and fight to get you the settlement you deserve.

Appeal a Denial of Benefits

Many workers’ compensation claims are denied. When they are, you have the right to appeal your denial first to the insurance company and then, if they still deny your claim, to the Illinois Workers’ Compensation Commission (IWCC). At this point, your case will be reviewed by an arbitrator, who will review the facts of your case and make a decision. If the arbitrator denies your case, you can file a Petition for Review to the IWCC within 30 days. At this stage, you will have the opportunity to present an oral argument to the IWCC in addition to your written case. If you are denied here, you can appeal the IWCC decision in state court.

Talk to an Experienced Workers’ Compensation Lawyer Today

If you have sustained injuries in a workplace accident or developed a work-related illness, you should talk to an attorney as soon as you can. At Galanti, Patti & Winterscheidt, P.C. we understand how to get injured workers the benefits they deserve. To schedule a free consultation with one of our Southern Illinois workers’ compensation attorneys, call our office today or contact us online.