What to Do When Your Employer Fights Your Workers’ Compensation Claim

Workers’ compensation insurance, which employers must have, is designed to cover injuries that occur at the workplace. However, claims can be denied, which can be frustrating for the worker. If you’re in this situation, realize that you have options. Don’t give up hope yet. We’ll explain what to do if your employer fights your claim.

How to Appeal a Workers’ Compensation Claim

Regardless of the reason your claim was denied, you are allowed to appeal. Look at your denial letter to find out the last day you are allowed to file the appeal. This varies depending on the state you are in. Make sure to file your appeal before this date or you will be out of luck.

One step you can choose to take is to contact the insurance company or your employer to find out if the dispute can be solved. There may have been a misunderstanding or a clerical error that led to the denial. If this is not the case, your next step is to move forward with an appeal.

Any person who is not given compensation in Illinois can bring the case to an arbitrator who is appointed by the Illinois Workers’ Compensation Commission. If arbitration doesn’t resolve the issue, an appeal is made to a panel of three people of the IWCC commissioners.

Assuming the appeal is also denied, that doesn’t mean you have no other options. The case can be appealed to higher courts, with as the state appellate court or circuit court. If the appeal is still denied, it can be brought to the Illinois Supreme Court.

This might sound like a lot of work but most people do not need to go through all of the steps. Many cases are resolved before ever entering a courtroom. Of all the cases in the state, only a few ever make it to the Supreme Court.

What to Do to Increase Your Chances of Success

One of the best things you can do is to speak with an injury attorney. This should occur before you make any statements about the case. By having a lawyer, you can be sure you protect yourself and don’t take actions that could lead to a denial of your claim. Reach out to Grewer Law Group which can help you through any of the steps you need to take to get your fair compensation.