Chicago Workers’ Compensation Denial Lawyer

If you sustained injuries in the workplace, you can often seek compensation. Unfortunately, even if you are eligible for benefits, your claim might still get denied. A denial does not have to be the final answer. You have the right to appeal the decision and claim the money you deserve.

To navigate the complexities of an appeal, you may need the assistance of a skilled Chicago workers’ compensation denial lawyer. One of our trusted workers’ comp attorneys can help you avoid mistakes and maximize your chances of getting compensation. You can also speak with a federal workers’ compensation attorney if you work for the federal government.

Reasons for Workers’ Compensation Claim Denial

Many workers’ comp claims end in denial because of certain avoidable errors. Some of the key denial causes that may warrant an appeal are:

• Insufficient Medical Evidence: The employee did not provide enough medical evidence to demonstrate the consequences of the injuries in the workplace.
• Discrepancies in the Accident Report: There are inconsistencies between the accident report and medical records.
• Injury Misclassified as Non-Work Related: The insurance company classifies the injury as non-work related.
• Pre-existing Condition: The condition an employee claims as the basis for compensation is pre-existing.
• Late Filing Due to Special Circumstances: The claim was filed too late. In Chicago, an employee must file a claim within 45 days of an accident. However, some exceptions exist.
• Disputed Injury Severity: The insurance company downplays the severity of the injury,
• Failure to Seek Prompt Medical Treatment: The employee didn’t seek medical treatment within a reasonable timeframe after the accident.

While these reasons may sound valid, there are ways to dispute them. An experienced workers’ comp denial lawyer in Chicago can conduct an investigation, gather more evidence, and help a claimant file an appeal.

How to Appeal a Workers’ Compensation Denial in Chicago

When the denial letter comes in, an employee needs to take immediate action. The faster they start the process of appealing the decision, the faster they can get benefits. The steps to appealing a workers’ comp denial claim are as follows.

Consult an Attorney

The first step after receiving the denial letter is to study it carefully and understand the main reasons for the denial. While these reasons may seem hard to refute, there is often a possibility to file an appeal. To understand whether this is the case, it’s imperative to consult an experienced workers’ compensation denial lawyer who has handled these cases in Chicago before.

File an Appeal

An attorney will review the reasons for denial and build a strategy for filing an appeal. It could include contesting the decision with the insurance company or going directly to the IWCC. Once the formal appeal to the IWCC is filed, the attorney can start preparing for the arbitration hearing.

In case the arbitrators do not reverse the insurance company’s decision, an attorney can proceed to submit a Petition for Review to IWCC within 30 days of the arbitration hearing.

Consult a Chicago Workers’ Compensation Denial Attorney as Soon as Possible

If the employer’s insurance company denies your workers’ compensation claim, there is still a chance to recover benefits. To do that, you have to dispute the decision and appeal to the IWCC. Doing this requires a comprehensive legal approach.

At McCready Law Injury Attorneys, we have extensive experience helping employees get the money they deserve. This involves communicating with the insurance company, filing appeals, and even going to court, if necessary. To schedule a free consultation, please contact us at any time.