Why Was My Illinois Workers’ Compensation Claim Denied?
We have talked about potential problems when initiating workers’ compensation claims, but what if your compensation 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.
Your Workers’ Compensation Claim May Have Been Denied. Now what?
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.
Common reasons employers could try to deny work comp benefits:
- 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.
Get a Better Understanding of the Work Comp Claim Process
If you have suffered from work related injuries, you should contact an experienced Chicago workers comp lawyer at Rubens Kress & Mulholland. You should also know that you have legal rights that entitle you to the following workers’ compensation benefits:
- Collecting money. In Illinois, you are often entitled to collect money for your permanent injuries that occurred within the course of your employment.
- Understand your wages. Your employer may be required to pay you two-thirds of your average weekly wage for any lost time related to your workers’ compensation claim.
- Know your tax information. Any money you receive as a result of an Illinois workers’ compensation claim is tax-free.
If you are not able to return to your old job as a result of your work related injuries, your employer has to assist you in finding a new job or pay you a portion of your lost income. If you have to take a lower-paying job as a result of your work injuries, your employer is responsible for paying a portion of the difference in income.
Consult Rubens Kress and Mulholland
If you have been injured at work, you should consult a Chicago workers’ compensation attorney to help you move forward with your claim. Rubens Kress and Mulholland concentrate on 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 Kress and Mulholland online, at (312) 300-2270, or toll-free at (866) 938-4713.