At Horwitz, Horwitz & Associates, our Aurora personal injury lawyers will work to help you get the money you deserve if your workers’ compensation claim has been denied. An Aurora workers compensation lawyer at our firm has extensive experience fighting for injured workers’ rights and has a deep knowledge of how the system works.

Let us use that knowledge for you. Call (800) 985-1819 or contact us online to schedule your free consultation.

Aurora workers compensation lawyer

What is the purpose of workers’ compensation?

Workers’ compensation is a form of insurance that most employers must carry to help support and protect their employees. It is intended to provide financial and medical support to employees who get injured or become sick due to the nature of their jobs.

The primary objectives of workers’ compensation are:

  • To provide financial assistance to employees injured or ill due to their job, regardless of who is at fault for the injury or illness.
  • To provide medical treatment.
  • To help you return to work as soon as possible.
  • To reduce the financial burdens on you and your family.
  • To provide a fair and efficient system for resolving disputes between employees and employers.

In most cases, employees can’t sue their employer for negligence in the event of an injury or illness. Instead, they must rely on the workers’ compensation system. This is known as the “exclusive remedy” clause, and it’s intended to provide a prompt and efficient way for employees to receive benefits for job-related injuries or illnesses without the need for a long and costly legal battle.

Who is eligible for workers’ compensation benefits?

In Illinois, most full-time, part-time, or temporary employees and independent contractors are sometimes eligible to file a workers’ compensation claim.

A workers’ comp attorney can help determine your eligibility to file a claim. They can also help guide you through filing a claim and help you understand the rights and benefits you’re entitled to under the law.

What is the workers’ compensation claims process?

The process of filing a workers’ compensation claim in Illinois typically involves the following steps:

  1. Seek medical treatment – Your health is your top priority. Get whatever treatment is needed for your injury as soon as possible.
  2. Notify your employer – Inform them of your injury or illness as soon as practicable and provide them with all the necessary details, including the date, time, and location of the incident, the nature of the injury or illness, and the identity of any witnesses.
  3. File a claim – Within three years of your injury or illness, file a claim with the Illinois Workers’ Compensation Commission (IWCC) by completing the necessary forms and providing any required documentation such as medical reports.
  4. Attend a hearing – After your claim is filed, you may be required to attend a hearing at the IWCC. This is an opportunity for you to present your case and for the IWCC to hear from any other parties involved, such as your employer or insurance company.
  5. Receive a decision – After the hearing, the IWCC will decide on your claim. If your claim is approved, you will be entitled to benefits such as medical treatment and lost wages. If your claim is denied, you can appeal the decision.

Filing a workers’ compensation claim can be complex and time-consuming. Consult a Horwitz, Horwitz & Associates Aurora workers compensation lawyer who can help guide you through the process and protect your rights.

Are there time limits for filing a claim?

You must inform your employer of a work-related injury or illness within 45 days of the injury or illness. If you fail to notify your employer within this time frame, you might lose the right to receive workers’ compensation benefits.

Although you may notify your employer orally, it’s recommended that you provide written notice. Your notice should include all necessary details, including the incident’s date, time, location, the nature of the injury or illness, and any witnesses.

If no compensation has been paid, the deadline for filing your claim is typically three years from the date of the injury or illness. You must file your claim with the Illinois Workers’ Compensation Commission (IWCC) within three years of the injury or illness.

You must file your claim within two years of the last payment if you have been compensated.

If you fail to file a claim within either of these time frames, you could be barred from pursuing legal action.

Although you seem to have a long time to file, you should file your claim immediately. Talk to a Horwitz, Horwitz & Associates Aurora workers compensation lawyer immediately. We can help you understand the Illinois workers’ compensation process, help you file your claim, and ensure that your rights are protected.

Is there necessary documentation?

You’ll need to provide certain documentation to support your claim. Some of the types of documentation that you may need to provide include:

  • Medical reports – These reports come from your treating physician that detail your injury or illness, including the diagnosis, treatment, and prognosis.
  •  Incident report – This is a report that describes the incident that caused your injury or illness. It should include the date, time, and location of the incident, as well as the details of what happened.
  • Witness statements – These are statements from any witnesses who saw the incident that caused your injury or illness.

Your attorney will discuss other relevant documents that might help support your claims, such as photographs of your injuries or the incident scene. These additional documents or other supporting evidence are case-specific but could be the difference between a successful or denied claim.

What are the different types of benefits available?

In Illinois, the following benefits may be available through a workers’ compensation claim:

  • Medical expenses for necessary and reasonable expenses related to the employee’s work-related injury or illness.
  • Lost wages for some of your lost wages while you can’t work.
  • Rehabilitation services for vocational rehabilitation and other services to help you return to work.
  • Permanent disability benefits are paid for a percentage of your average weekly wage if you’re permanently disabled.
  • Death benefits are paid to the employee’s dependents if the employee dies as a result of their work-related injury or illness.

Insurance company’s role in the process

The insurance company’s role is to provide coverage for employees who are hurt on the job. This coverage includes medical expenses, lost wages, and other benefits. It’s responsible for paying out these benefits to the employee and may also investigate the claim to determine its validity.

In some cases, the insurance company may also defend the employer in any legal proceedings related to the claim.

Right to appeal a denied claim.

Although you would like to think that the insurer would do the right thing and provide the money you deserve, insurance companies often deny workers’ comp claims.

You have the right to appeal a denied claim. The process for appealing a denied claim in Illinois is specific and involves several steps. The following are just a few.

  • First, you must file a Request for Hearing with the Illinois Workers’ Compensation Commission (IWCC) within three years from the date of the last compensation payment or the date of the last claim denial.
  • After the Request for Hearing is filed, a hearing will be scheduled before an arbitrator hears the evidence and decides on the claim. If you’re unsatisfied with the arbitrator’s decision, you can appeal the decision to the Commission. The Commission will review the arbitrator’s decision and decide on the claim.
  • If the Commission denies your claim, you may be able to appeal the decision to the Illinois Circuit Court. However, the appeal process can be complex, and it’s recommended that you seek legal help from a workers’ compensation attorney in Aurora, IL, specializing in Illinois workers’ compensation laws.

Resources for assistance and further information

Why work with an Aurora workers compensation lawyer at Horwitz, Horwitz & Associates?

Horwitz, Horwitz & Associates has a team of Aurora workers compensation lawyers well-versed in workers’ comp laws, regulations, and procedures.  We also have the resources to effectively pursue your case and a long track record of success.

Call (800) 985-1819 for a free case review.