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Most workers in the state are eligible for workers’ compensation benefits that adhere to a no-fault system. This means that when you suffer injuries at work, you do not need to establish fault for the accident to receive benefits.
While most are eligible to apply, the process is complicated, and it is common to be denied after the initial filing. A Cook County workers’ compensation denial lawyer could help alleviate stress and save you from further delays. Reach out to our experienced workers’ compensation attorney right away.
Understanding the benefits process is the most effective way to protect one’s rights after a workplace injury. Receiving a notice of denial can be stressful; however, there are options for continuing the process when the applicant disagrees with the decision. There is an appeal process, and if the worker disagrees with another denial or ruling, they can appeal that decision in court.
Some of the typical causes for receiving a workers’ compensation benefits denial include:
While employees can collect for preexisting conditions, it is not uncommon to receive initial denials. A Cook County workers’ comp denial attorney could ensure all the steps are completed as necessary to avoid timely delays and problems.
In many cases, the first step is to resolve the issue with the employer’s insurance company that handles benefits for them. When the insurance company fails to negotiate, the injured party can file a petition for review to appeal the decision with the Illinois Workers’ Compensation Commission (IWCC).
After appealing to the agency, an arbitrator reviews the case details and decides whether to agree or disagree with the insurance company’s denial of benefits. If they choose to proceed, the letter will include a hearing date.
At the hearing, the individual appealing has ten minutes to present an oral argument. The insurance company will also have time to share their side of the case and reason for denying the claim.
A workers’ comp denial lawyer in Cook County can help prepare and present the written statement on the employee’s behalf. The IWCC may take up to 60 days to approve or deny the appeal, and if the party still disagrees with the decision, additional options exist to continue appealing.
Sometimes, the insurer may wish to settle the claim when there is a disagreement. The average settlements range from approximately $2,000 to $40,000. That said, determining which choice is suitable for the individual’s situation can be challenging. Waiting until the medical provider issues the Maximum Medical Improvement (MMI) is also essential. Settling the claim before MMI is established could leave the injured party with costly medical bills they did not anticipate.
An injury on the job that prevents you from working is stressful enough. Receiving a denial of workers’ compensation benefits adds to the anxiety. It is essential to remember that a denial does not mean you are unable to collect benefits.
Several options exist for directly appealing and resolving the issue with the insurer. Contact a seasoned Cook County workers’ compensation denial lawyer to review your case and initiate the process.