What happens if your employer denies paying benefits for workplace related injuries? You do have legal recourse if you face something like this. Illinois workers compensation laws make it mandatory for particular employers to get adequate insurance coverage for this. This insurance carrier pays for the employees work related injuries.
In case you are a victim to injuries that occur while at work, you need to file a claim within the set period which is 45 days in Illinois. You need to report the details of the accident and injury, including the time and place, as well as your name and contact information to the employer. You may also fill out a work injury report.
If your employer thinks it as a legal claim, he/she informs the insurer and arranges for the payment of benefits. However, things are not always this simple. Many a times, employers deny such claims, on grounds like failure to prove the injury as work related or failure to file a claim within time.
The first step is to file a claim at the Illinois Workers Compensation Commission. Remember, you have only 3 years to file this and open a case. However, you may get 25 years for filing if the injury requires time for discovery, like asbestos exposure. Just visit or mail the office three copies of
*Application for Adjustment of Claim
*Proof of Service
You need to get a
Chicago workers compensation attorney if you want to file such a claim. What happens after this filing? Here is a quick look at the details.
The Commission assigns an arbitrator and a case number. You get a review at a status call in every two months. This only stops if you request for a trial. Unless you do so, this continues for 3 years and then the arbitrator may decide to dismiss the case.
You may request a trial at a review, in which case, a Commission-appointed arbitrator hears the case and decides within 60 days. However, for this, the victim needs to recover from the injuries. You also need to submit all relevant documents.
If this does not yield proper results, you need to appeal the decision. After you file an appeal, a 3-commissioner panel would review the written arguments, the evidence and the arbitrators decision. Your attorney would be better equipped to present your case at the ensuing hearing.
Your appeal gets to a resolution within 60 days. If you do not think it as a proper one, consult your workers compensation attorney about filing another at the Circuit Court. You may continue this at the Appellate Court as well as the Supreme Court.
