Can Workers’ Compensation be Denied?

Denied Stamp

If you have an accident at work, you probably want to know who will cover your injuries. Illinois requires that every business have Workers’ Comp insurance, but does that mean that workers’ comp is guaranteed? Can your workers’ compensation claim be denied and if so, why?

Reason for Denial

Typically, insurance denies Illinois workers’ compensation claims because the accident report and reported injuries were not clear. However, insurance may also deny cases where the employer claims the worker was negligent or self-destructive at the time of the accident.

For example, if you worked in a kitchen and purposefully put your hand into a deep fryer, the employer would almost certainly contest your claim. Similarly, Illinois employers can contest claims if they believe you did not follow safety procedures or use safety equipment at the time of the accident.

Another sadly common reason is that the injured do not notify their employer of the accident. In Illinois, you have 45 days from the time of the accident to notify your employer of your injuries. If you wait too long, you could lose your chance to file a successful workers’ compensation claim.

That’s why it’s crucial to file a workers’ compensation claim as early as possible. You can’t go to appeals if you never had a claim.

Appealing a Claim?

If your insurance denies your workers’ compensation claim, you have a chance to appeal and get the compensation you deserve. Denied claimants can file an appeal with the Illinois Workers’ Compensation Commission.

A committee will review the claim and potentially move to arbitration. No matter what happens, you want to have the best chance of getting the compensation you deserve. That’s why you need an experienced workers’ compensation attorney to strengthen your claim, file appeals, and even represent you in arbitration.

If you suffered serious injuries while on the job, you might have a case. If you’d like an experienced workers’ compensation attorney from Turner & Sackett to evaluate your case, please don’t hesitate to send us an email or call (800) 761-0993

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