How to Appeal a Workers’ Comp Denial

When someone suffers an on-the-job injury, they often need medical care. Often the employee receives workers’ compensation benefits, since most Illinois employers are required to carry workers’ compensation insurance.

Timeline of a Workers’ Compensation Claim

First, of course, the employee is injured or diagnosed with a condition caused by exposure at the workplace. The injured worker needs to notify his or her employer as soon as possible, but definitely no later than 30 days after the injury or diagnosis.

Sometimes the claim is denied. The worker files a workers’ compensation claim if the employer and worker disagree on the benefits the injured worker should receive.

An arbitrator from the Illinois Workers’ Compensation Commission (the “Commission”) hears the case and hands down a decision.

If the claim is denied, the employee may be able to appeal the workers’ comp denial.

Appealing a Workers’ Comp Denial

The employee has the right to appeal an arbitrator’s decision by filing an Application for Adjustment of Claim. If appealed, the case will be heard by a panel of three commissioners. Written arguments can be submitted, then the Commission holds a hearing. The employer and employee can speak for a few minutes at the hearing. Within 60 days, the Commission will issue an order.

That decision can be appealed to the circuit court, unless the employee works for the State of Illinois. The circuit court’s decision then can be appealed to the Appellate Court and eventually to the Illinois Supreme Court.

Your Appeal Options

If your workers’ comp claim has been denied, talk to an Illinois workers’ comp attorney as soon as possible. A decision must be appealed a certain number of days or you could lose the chance to get the benefits you deserve.

It’s best to have a lawyer by your side from the very beginning of your claim. Your attorney may be able to work with the employer and its workers’ comp insurance company.

Osvaldo Rodriguez has more than 20 years’ experience helping people like you. Schedule a free initial consultation or ask a question by calling us at 708-716-3441 or by completing the Contact form on our website.

Mr. Rodriguez is fluent in both Spanish and English.

We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, and Northlake.

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