Workers’ Compensation Claim Denials

Before you make your claim to the workers’ compensation insurance company, you should have an experienced lawyer on your side or at least to have consulted with one about your rights.

There are various circumstances that an employer may have to determine to assess if it is a compensable accident or a compensable accident up to a certain point. If an employer has you seen one of their doctors, and their doctor gives the opinion that your current condition is no longer related to that accident, you will want to have a lawyer retained because your only options at that point are to petition the court to make a ruling.

In this instance, you would go before the Illinois Workers’ Compensation Commission and request that the arbitrator assigned to your case makes a  determination as to the disputed issue.

 

Is there an appeal process in Illinois for a workers’ compensation claim denial?

The appeal process for a claim denial involves motioning the case up for trial before the Arbitrator assigned to the case.  The Petitioner would provide their testimony as well as any other relevant witnesses.  The employer would also have the chance to present witnesses and other evidence to support their position.  The Arbitrator will then evaluate all of the evidence, including the Petitioner’s medical records and any testimony, in order to make a decision with respect to the disputed issue.

Each side gets the option to appeal or accept the Arbitrator’s decision.  If it’s favorable for the Petitioner then we will not take any more steps to appeal that decision. If it’s not favorable, then we would file review where the issues and evidence would be presented before a three Commissioner panel of the Workers’ Compensation Commission.

Insurance companies often appeal the arbitration award when it’s favorable to the injured worker.  Our firm is always ready to go the distance should your case be appealed and end up before the Workers’ Compensation Commission.

How can we help you?

Brian J. McManus & Associates, LTD.
33 North LaSalle Street
Suite 1210
Chicago, IL. 60602
Phone:(312) 346-8210
Toll Free: (877) 346-8211
Fax: (312) 346-8565
Map and Directions