Chicago Denied Workers’ Compensation Claims Attorney
Appealing Denied Workers’ Compensation Benefits in Illinois
If your employer or their insurance provider has denied your workers’ compensation claim, Anesi Ozmon can help. Since 1955, we have been fighting for the rights of injured construction workers, union members, and other employees throughout the state of Illinois. Based in Chicago, our workers’ compensation attorneys can help you file an appeal for denied claims and seek the fair compensation you are owed. We return all phone calls within 24 hours and can answer any questions you may have regarding your rights, your legal options, and your case.
Why Are Workers’ Compensation Claims Denied?
Every day, people who suffer serious workplace injuries and occupational diseases are denied workers’ compensation benefits in Illinois. Sometimes, it is because they were not familiar with the rules and the workers’ compensation application process. Often, it is simply because companies and insurers have a financial incentive to deny claims and will do so at any given opportunity.
Some of the most common reasons that workers’ compensation claims are denied include:
- Missing information, records, or reports
- Failure to report the injury within 45 days (or at all)
- The existence of a preexisting condition
- Disputes over whether the injury is work-related
- Allegations of employee negligence or wrongdoing
If your employer is disputing your claim or if their insurance company has denied your claim, they must provide a written explanation detailing the reason for the denial. In any case, it’s very important that you reach out to a workers’ compensation attorney who can protect your rights, including your right to appeal the denial of your claim.
How to Appeal a Denied Workers’ Compensation Claim in Illinois
There are several steps involved in appealing a denied workers’ compensation claim in Illinois. First and foremost, we recommend that you work with an attorney if you want to appeal a denied workers’ compensation claim. The appeals process is complex and time-consuming, but an attorney at our firm can handle all necessary paperwork and prepare you and your case for your appeals hearing(s). We work directly with our clients throughout the process to help ensure that they are fully ready for each step in the appeals process.
To appeal a denied workers’ compensation claim in Illinois, you must:
- File an Application for Adjustment of Claim and proof/service indicating that you have provided a copy of the application to your employer. This must be done within three years of the date on which you were injured or within two years of your last benefits payment.
- If necessary, you can request an expedited hearing, known as a Section 19(b) hearing, by filing a Petition for Immediate Hearing. This might be appropriate if you have not been able to return to work due to your injury, and you have not received medical or temporary disability benefits.
- Attend a medical evaluation with a qualified doctor. If you disagree with the doctor’s initial medical evaluation, you may request an Independent Medical Evaluation (IME). Your employer may also request an IME if they disagree with the first doctor’s evaluation.
- Most workers’ compensation issues are resolved through hearings/trials. After you request a hearing, the commission arbitrator assigned to your case will set a trial date within 30 days of your request. Following the trial, a decision on your case will be issued within 60 days.
There are further steps you can take if you disagree with the commission arbitrator’s decision. This involves requesting a Petition for Review with the Workers’ Compensation Commission within 30 days of receiving the arbitrator’s decision.
Our Chicago workers’ compensation appeals attorneys can help you with every aspect of your case. We have the experience and resources to navigate the steps involved in your appeal, and we are prepared to advocate tirelessly for you.
