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What to Do if Your Claim is Denied

We Fight for the Rights of Injured Workers

If you’ve been injured on the job in Illinois, you have the right to file for workers’ compensation benefits. But what if your claim for benefits is denied? There is an appeals process, but you need the aid of someone who has handled these types of cases and is knowledgeable about Illinois laws. The experienced workers’ compensation attorneys at Schweickert Ganassin Krzak Rundio, LLP can help you with all appeals.

There are many reasons why a claim for benefits in Illinois may be denied. You may have failed to notify your employer about the injury within the required 45-day time frame, or did not submit the correct documents. An employer or insurance company may have decided your injury was not work-related, or that it was pre-existing. An employer may claim that you were an independent contractor, and not an employee.

Other reasons for denying a workers’ compensation claim include not following through with medical treatment. Or, a doctor may have determined that you are ready to return to work.

You Have the Right to Dispute the Decision

But just because a decision was made to deny you benefits does not mean it was the correct decision. We can help you make your case, and will fight to get you benefits through all stages of appeals:

  • If you appeal your denial of benefits, your case will first be heard by an arbitrator appointed by the Illinois Workers’ Compensation Commission (IWCC).
  • If the arbitrator upholds the decision, you can then appeal to a panel of three IWCC commissioners.
  • If that panel still denies you benefits, you can appeal to the state’s Circuit Court and Appellate Court.
  • If all of the above appeals are unsuccessful, you have the option of taking your case to the Illinois Supreme Court.

The majority of workers’ compensation claims are resolved without involving the courts. But it’s important to have experienced legal representation that can help you prove your case. We can help you gather evidence that proves you were injured at work. We can fight back against claims that you were an independent contractor, not an employee. And we can prove that your injuries left you unable to return to work, making you eligible for benefits.

If you are an injured worker who has been denied workers’ compensation benefits after a workplace accident, learn more about how we can help you. Contact us online to speak to one of our attorneys.

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