Injured workers sometimes assume that they will automatically receive the workers’ compensation benefits they’re due. Unfortunately, this doesn’t always happen. If you’re one of the injured workers who has to deal with appealing an unjust workers’ compensation denial, understanding the appeal process in Illinois is going to be critical.
In Illinois, you have the option to seek a review of the determination. These options are controlled by strict filing deadlines. Missing the required deadline can prevent the claim from moving forward, even when the injury is serious enough to warrant benefits.
Strict timelines after denial
One of the most important timing rules involves the Application for Adjustment of Claim. This must be filed within three years of the occurrence of the injury or within two years from the last payment of compensation. The law allows for you to follow whichever date is later. This rule is important if you were receiving benefits and then those benefits were stopped.
When you receive a denial, you have to review the reason for the denial. The denial may come from an employer, claims administrator or insurance carrier. It may question a host of factors, such as if the injury happened at work, if the medical treatment is related, if notice was given or if you have enough documentation.
Records are critical
Keeping records in these cases is critical. You should keep medical records, wage records, denial letters, accident reports and any written correspondence about the claim. These records may be able to back up the basis of the appeal.
Illinois uses formal procedures when handling an appeal of workers’ compensation benefits. Each step may have specific time limits of their own, so it’s critical to thoroughly read all notices that are sent to you.
It can be difficult to keep up with all the deadlines when you’re having to deal with medical care and trying to figure out how to make ends meet. Working with a legal professional who’s familiar with workers’ compensation appeals may be beneficial since you’ll be able to focus on other aspects of reclaiming your life after your on-the-job injury while they work on getting you the benefits you’re owed.