As an injured worker in Illinois, you rely on workers’ compensation to help you cover your medical expenses and a portion of your lost wages while you are out of work and recovering from your injuries. When your claim is denied, it can cause significant stress, anxiety, and financial hardship for you and your family.
If you struggle to get the benefits you deserve after a workplace accident, your next move should be to contact an experienced workers’ compensation attorney. Among other things, they can explain your options for fighting a denial of your workers’ compensation claim.
Steps to Take If Your Workers’ Compensation Claim Is Denied in Illinois
Dealing with a workers’ compensation claim denial can be frustrating. You may be overwhelmed by the workers’ compensation claim process and feel the need to return to work before you are ready because you can’t afford medical care or pay your bills. Injured workers can fight a workers’ compensation denial.
- Contact an attorney – The appeal process can be long and complicated. Trusting a skilled workers’ compensation attorney to review your situation, gather additional information, and mount a compelling appeal on your behalf benefits you.
- Learn more about the denial – Step one is learning why your claim got denied. Carefully review your denial letter and find out why your claim was rejected. Some of the most common reasons for denial include not reporting the accident promptly, the claim not being filed by the deadline, not receiving medical treatment for your injuries, or a lack of evidence that the injury was work-related.
- Gather more evidence – If you believe you have a valid workers’ compensation claim, gather more evidence to support your claim. You may need detailed medical records of your treatment, witness statements from people who saw the accident in the workplace, photographs or video of the scene, and other supporting materials to strengthen your position.
- File a claim with the Commission – If the insurer denies your workers’ compensation claim, your next step is to file an Application for Adjustment of Claim to request a hearing before an Arbitrator.
- File an appeal – If the Arbitrator denies your claim, Illinois law allows 30 days after you receive their decision to file an appeal with the Illinois Workers’ Compensation Commission.
Understanding the Workers’ Compensation Appeal Process
Depending on your case, the workers’ compensation appeal process can be frustrating and overwhelming. After the insurer denies your claim, your lawyer will request a hearing before an Arbitrator. If you face another denial, you can continue to file appeals, including:
- Appeal to a panel of workers’ compensation Commissioners
- Appeal to the circuit court
- Appeal to the appellate court
- Appeal to the Illinois Supreme Court
An attorney can prepare for your initial hearing and put you in the best position possible to seek a favorable outcome to your situation.
An Illinois Workers’ Compensation Attorney Can Help
Do not go into the appeal process alone and unprepared. Contacting a workers’ comp lawyer as soon as possible after your claim is denied gives you the best chance of At Galanti, Patti, & Winterscheidt, P.C., our workers’ compensation lawyers can help you build and prepare a case with the best chance of recovering the benefits you deserve.
Contact us online or call our office now to request a free initial consultation.