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What to Do If My Illinois Workers’ Compensation Claim Was Denied

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Posted on July 17, 2023

It is common to receive a denial of your initial workers’ compensation claim. It may feel overwhelming and easy to give up on the process. Denial of a claim can happen for many reasons.

Holley, Rosen & Beard, LLC are prepared to help you navigate the complicated legal system to secure compensation for your work-related illness or injury if you have received a denial of an Illinois workers’ compensation claim. We are focused on recovery for central Illinois employees needing financial relief and time to heal. It costs nothing for your initial consultation with our Springfield workers’ compensation attorney and we are ready to answer your workers’ compensation denial questions.

Follow These Steps After a Workers’ Compensation Claim Denial

Following up after a claim’s denial in central Illinois and preparing for an appeal is imperative. All documentation supporting your injuries or illness should be compiled and ready for presentation.

Do not discuss the details of your injuries with anyone. It is always a wise practice not to make unprofessional comments regarding your employer. Posting photos on social media and participating in certain activities can be used to prove your injuries are not as severe as claims suggest.

File the Proper Paperwork

If your Illinois workers’ compensation claim has been denied, immediately apply for adjustment of claim with the Illinois Workers’ Compensation Commission (IWCC). Be sure to file your application within the appropriate time.

Schedule a Hearing

Once your application for adjustment of claim has been filed, a case number and arbitrator are assigned to your case. You can ask to schedule a hearing to discuss the case with the arbitrator and your employer. If time is a factor in your case, consider asking for an emergency hearing.

Ultimately, the burden of proof lies on you to demonstrate that your injuries directly resulted from your job. The arbitrator and commissioner will consider the evidence you present to document your injuries and establish that pre-existing conditions are not a factor or that the claim is not fraudulent.

Some of the evidence valuable to your claim can include:

● Medical records
● Photographic evidence of your injuries and where the accident occurred. Include photos of any machinery that may have been involved.
● Properly document work conditions at the time of the accident that played a role in causing your injuries.
● Testimony from paramedics and medical professionals that treated your injuries will be needed.

An Illinois workers’ compensation attorney’s ability to schedule interviews with witnesses and compile critical documents and information is invaluable.

Appeal, if Necessary

The arbitrator overseeing your case may agree with the initial denial of your claim. When this happens, you can appeal their decision. A petition for review is required and must be filed with IWCC within 30 days of the arbitrator’s finding.

The commission will then allow you to present your case before a panel of IWCC commissioners at a hearing. If your case is also denied by the panel, then appealing to the state’s Circuit Court and Appellate Court is the next course of action. It is likely unnecessary, but your case can be taken to the Illinois Supreme Court as a final course of appeal.

Illinois Workers’ Compensation Claim Attorney

Holley, Rosen & Beard, LLC is your Springfield advocate for your Illinois workers’ compensation claim. Let us work with you from the beginning, and we will assist you through any appeals process until your case is resolved. A free case evaluation lets us connect with you and promptly begin the process.