So, Your Worker’s Comp Claim Was Rejected … Now What?

Recovering from a work-related injury or illness can be rough. Medical treatments, chronic pain, and worrying about your future may take a toll on you and your family. Workers’ compensation benefits can cover some medical care, rehabilitation, and lost wages, so you request help based on the injury you received at work. But one day you are shocked to receive a letter denying your request for benefits.

Now what?

Why was Your Claim Denied?

According to the Illinois Workers’ Compensation Commission, employers must explain their reasons for rejecting your claim in writing. Employers and insurance claims administrators deny workers’ compensation claims for several reasons. Sometimes, the company feels your injury was not work-related or does not require medical treatment or time off work. Also, if you do not notify the employer within 45 days of your injury, your claim can be denied. Claims can be rejected because of honest misunderstandings about the extent of your injuries or simply because the insurance company does not want to pay.

What Should You Do Now?

The best way to find out why your claim was denied? Contact your employer and calmly ask for an explanation. It’s possible the employer did not know all the details of your work-related injury or that your paperwork was incomplete or incorrect. In any event, once you know where your employer stands, you can decide how to proceed.

If you do not agree with your employer’s decision about your work-related injury, you may consider filing a petition with the Illinois Workers’ Compensation Commission. Their website contains forms and information about Illinois workers’ comp claims.

Upon receiving your petition, the Commission gives you a case number and assigns an arbitrator. Hearings and status phone calls will be held to determine whether your claim should be approved, the extent of your injuries, and the amount of benefits you will receive. You may need to present evidence to support your claim and will be required to meet certain deadlines. A lawyer experienced with handling Illinois workers’ compensation claims can explain your legal options and help you through this process.

Sometimes employees and employers cannot solve their workers’ compensation dilemma. Every year, between 50,000 – 55,500 injured workers file claims with the Illinois Workers’ Compensation Commission because their claim was denied.

Get an Expert on Your Side.

You don’t have to give up if your workers’ compensation claim was denied by your employer or the insurance company. Talk to Osvaldo Rodriguez, an experienced Illinois workers’ compensation lawyer, for an honest assessment of your case. Schedule a free consultation by calling us today at 708-716-3441 or by completing the form on our Contact page.

Osvaldo Rodriguez speaks 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, Northlake and Cook, DuPage, Will, and Kane Counties.

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