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What to Do Following a Workers’ Compensation Claim Denial in Illinois

On Behalf of | Jan 19, 2022 | Workers' Compensation

Most workers in Illinois are covered by workers’ compensation. Workers’ compensation provides employees who are injured during the course and scope of employment with financial assistance. Unfortunately, however, not all workers’ compensation claims are approved. In fact, there are multiple reasons that workers’ compensation claims are denied in Illinois, including: 

  • Incomplete reports
  • Poor recordkeeping
  • Insufficient evidence
  • Preexisting conditions
  • The injury didn’t take place in the course and scope of employment

Luckily, if your workers’ compensation claim has been denied, you aren’t out of options. In this article, we discuss what to do following a workers’ compensation claim denial in Illinois. 

Steps to Take Following a Workers’ Compensation Claim Denial

Following a workers’ compensation claim denial, you may believe you are out of options. However, there are multiple steps you can take to continue seeking compensation for your injury. If your claim has been denied, you should take the following steps: 

Step #1: File an Application for Adjustment of Claim: Following a workers’ compensation denial in Illinois, the first thing you should do is file an application for adjustment of claim with the Illinois Workers’ Compensation Commission (IWCC). Generally, you must file your application within three years after your injury.

Step #2: Request a Hearing: After you file an application for adjustment of the claim, your case will be assigned an arbitrator and case number. You can then request a hearing with the arbitrator for the purpose of discussing your case with the arbitrator, and the respondent (your employer). You can also request an emergency hearing to address certain time-sensitive issues. For additional information on hearings and emergency hearings, you should contact an experienced workers’ compensation attorney. 

Step #3: File an Appeal: If the arbitrator assigned to your case agrees with the denial of your claim and declines to award you compensation for your work-related injuries, you may appeal his/her decision. Specifically, to appeal the arbitrator’s decision, you must file a document called a petition for review within 30 days of the IWCC arbitrator’s decision. After you file a petition, you’ll be given the opportunity to argue your case before the commission at a hearing. After this hearing, the Commission will issue a decision within 60 days.

Hire an Experienced Workers’ Compensation Attorney 

If you’ve suffered an injury during the course and scope of your employment in the state of Illinois, you need an experienced workers’ compensation attorney in your corner. At Foote, Mielke, Chavez & O’Neil, LLC, our experienced workers’ compensation attorneys are here to help you obtain financial compensation for your injury. When you come to us for help, we will do everything in our power to ensure that you obtain full compensation for your work injury. Please contact us today to schedule a free initial consultation.