A denial does not mean the end of the road for your workers’ comp claim. Illinois law provides avenues for appeal and assistance for workers whose claims have been wrongfully denied.
What to Do If Your Claim Is Denied
When your claim is denied, your first step is to review the denial letter provided by your employer’s insurance company or the Illinois Workers’ Compensation Commission (IWCC). The letter should outline the reason for the denial, which can range from missing documentation to disputes over the cause or extent of your injury.
If your claim’s denial is unjustified, you can appeal the decision. To appeal your case in Illinois, you’ll need to request a hearing before an arbitrator at the IWCC. During this hearing, you’ll have the opportunity to present evidence supporting your claim, such as medical records, witness testimonies, and documentation of your injury and its impact on your ability to work.
How a Workers’ Comp Lawyer Can Help You Appeal a Denied Claim
A skilled workers’ compensation lawyer can help you with your denied workers’ compensation claim by:
Reviewing Your Case: Your lawyer will evaluate the details of your case. He or she can identify weaknesses in the insurance company’s argument and develop a strategy to strengthen your appeal.
Gathering Evidence: Lawyers have the resources to gather additional evidence to support your claim. This may include obtaining expert medical opinions, collecting witness statements, and gathering new documentation of your injury and its impact on your ability to work.
Preparing for the Hearing: Your lawyer will help you prepare for the appeals hearing, guiding you on what to expect and how to present your case effectively.
Negotiating Settlements: A settlement with the insurance company can occur before or during the appeals process. A lawyer can represent your interests in these negotiations.
Appealing Your Case: If your denial is upheld, your lawyer will explore further avenues of appeal, such as seeking review by the Illinois Workers’ Compensation Commission or filing a lawsuit in civil court.
Hiring a knowledgeable workers’ compensation lawyer can increase your chances of successfully appealing a denied claim in Illinois. If your workers’ compensation claim is denied, contact us at Smoler Law Office for help getting the benefits you need. 312-332-9800.
