What You Need to Know About the Workers’ Compensation Appeals Board

Workers' Compensation - May 30, 2025 by Horwitz, Horwitz & Associates

If your Illinois workers’ compensation claim was denied, you have the right to appeal the decision before the Workers’ Compensation Commission division of the Appellate Court. The Illinois Workers’ Compensation Appeals Board (WCAB) is overseen by the Illinois Workers’ Compensation Commission (IWCC). The board reviews workers’ compensation claims that were denied by the employer’s insurance company. Not every injured worker whose claim was denied or minimized is eligible to file an appeal; your circumstances must meet specific eligibility guidelines.

Our Chicago workers’ compensation attorney can help you understand your rights under Illinois workers’ compensation law, draft an appeal if you’re eligible, and present your case before the workers’ compensation judges.

The Illinois workers comp appeals process

If your employer or their workers’ compensation insurance carrier denies your claim or refuses to pay part of it, you can initiate an appeal with the WCAB. While you are not required to have an employment lawyer represent you, you have a much better chance of having your appeal approved if an experienced attorney drafts the appeal, builds your case, and presents the oral argument on your behalf.

Although each case has unique details, for the most part, you can expect the appeals process to unfold thusly:

Submit your appeal to the WCAB judicial body

Submit all relevant documents supporting your position, including medical records, any notice of a denial, and all communications from your employer and their insurance carrier. You must establish that you were an employee at the time of your injury and that you suffered the accident at work or you developed your occupational illness due to your workplace conditions.

You must also prove that you reported the incident to your employer and followed all the steps necessary to file a workers’ compensation claim.

Your employer presents their case

Your employer, or their insurance carrier, gets a turn to establish their position. It, too, presents evidence supporting their denial of the claim (or parts of it), and will likely be represented by a lawyer, or even an entire legal team. It must prove that it had a valid reason to deny your claim.

Alleging that you had a pre-existing condition (that is, you didn’t develop an occupational illness but rather developed the disease in another manner) or that your injury happened outside of work is a common argument insurance companies use. Employers also often claim that you weren’t following proper safety protocols when you were hurt or that you were acting negligently or recklessly.

Another common reason for a workers’ comp claim denial is proving that no employer-employee relationship existed at the time you were hurt (contractors and temp laborers often face this hurdle).

Hearing before the WCAB

Once the board reviews the documents and arguments presented by both sides and each party has the opportunity to submit documents supporting their argument, the board schedules a hearing to decide the matter. Lawyers representing each party present their oral arguments before the board.

You’ll receive the notice of appeal hearing within 90 days of the WCAB receiving both parties’ arguments.

Rendering a decision on your appeal

Once the hearing concludes, the five-judge appellate panel applies Illinois workers’ comp laws and the state labor code to your case. If your appeal is granted, you’ll receive the appropriate benefits and may be eligible for retroactive wage benefits. Be aware that it may take up to a month for you to receive a decision on your appeal.

Why would the WCAB deny my appeal?

The workers’ comp appellate board exercises all the judicial powers of any other appellate judge, with its judicial powers vested in the Department of Labor. Its decisions are usually final and binding.

Some reasons it  may deny your claim include:

• The incident or illness didn’t’ occur within the scope of your employment
• You knowingly violated OHSA regulations, so Illinois workers’ comp cannot cover the injury
• You did not seek medical treatment in time, or you went to a non-employer-approved physician
• You didn’t notify your employer of the injury within the appropriate timeframe
• You developed the workplace injury due to a pre-existing condition

If the WCAB denies your initial appeal, you can file another—in fact, you can file multiple appeals, but each one will need to go through a different court, all the way up to the Illinois Supreme Court. That being said, each appeal costs you money, so you may have to weigh any benefits you’d potentially receive with the attorney fee required to draft, file, and present the appeal. And, your lawyer may advise you of the slim chances of having the state Supreme Court hear your appeal.

Expert help for your workers’ compensation appeal

If your valid Illinois workers’ compensation claim has been denied, don’t lose hope. Horwitz, Horwitz & Associates can guide you through the appeals process and help ensure your rights are protected. Contact us today at (800) 985-1819 for a professional case review and get the experienced support you need to fight for the benefits you deserve.