Why Was My Illinois Workers’ Compensation Claim Denied?
We have talked about potential problems when initiating workers’ compensation claims, but what if your claim is denied outright? If that happens, you can work with a Chicago workers’ compensation attorney despite this denial. During this process, it is important to consider the reasons that your claim may have been denied.
Why Your Workers’ Compensation Claim May Have Been Denied
Under Illinois law, if your employer refuses to pay workers’ compensation benefits, they must provide a written explanation of why. While every case is different, there are some common reasons that employers may try to deny workers’ compensation benefits, including:
- Insufficient Records or Incomplete Report – It is possible that your employer may try to deny benefits by claiming that your report of the incident is inadequate.
- Pre-Existing Condition – Employers may try to avoid paying compensation by claiming that your injury was pre-existing. It is important to note that, even if your work-related injury is pre-existing, you may still be able to get workers’ compensation benefits if the condition was exacerbated by performing your job.
- The Accident Did Not Occur on a Work Site – According to Illinois law, to be eligible for workers’ compensation benefits, your injury must be “arising out of” your employment — even if the injury happens off-site, you may be able to seek compensation if you were performing work-related duties at the time.
Consult Rubens and Kress
If you have been injured at work, you should consult a Chicago workers’ compensation attorney to help you move forward with your claim. Rubens and Kress concentrates in workers’ compensation cases; we have a track record of success, and there is no fee unless you collect. If you are seeking representation, contact Rubens and Kress online, at (312) 201-9640, or toll-free at (866) 890-9640.