If you have been hurt or become ill due to work, you have the legal right to seek compensation. The insurance companies, however, often turn down such claims. You might be able to file an appeal with the Illinois Workers’ Compensation Commission if you were hurt at work in Illinois but weren’t given compensation.
Different states have different grounds on which compensation may be denied. This article highlights the possible reasons why your claim was rejected and what to do next to appeal your claim.
Your claim may have been rejected for a number of reasons, including:
The Origin of the Injury
One of the ways employees try to get out of paying compensation claims is by arguing that you were not working when you got hurt or that your misconduct caused the injury. They may even say that your present medical condition is not genuinely the result of an accident at work or exposure to hazardous materials.
You will need to prove that your injury was work-related to get or appeal a claim. You can do this by gathering witness reports about the accident or getting further medical proof. It is ideal to use an independent medical examination, especially if the physician handling your case had previously linked your condition to your job, but the insurance provider disagrees.
Failing to Report Your Injury Immediately
Insurance companies are fond of refuting claims when an accident is not quickly reported. If you did not report the accident immediately, they presume you were not seriously injured.
You must disclose work-related injuries as soon as possible. When you are harmed at work, notify a supervisor right once and fill out an accident report if you believe that you could miss any work due to your injuries. By doing this, you will have a better chance of receiving benefits when you need them.
Filing After Being Laid Off
When accidents occur, filing compensation is not usually the first thing the victim takes to heart. By the time they finally file the claim, they have been laid off at work due to absence or other reasons. In these circumstances, insurers are usually unwilling to trust claims made by workers whose employment has been terminated. They mostly always assume the accusation is just an attempt at retaliation. This is why it is essential to file a claim as soon as you’re injured at work.
If you don’t, you’d most likely have a more challenging time persuading the insurer and the workers’ compensation court that you did have a work-related injury.
Statutes and Guidelines
There are limitations imposed by state law on workers’ compensation claims for different cases. For example, your worker’s compensation claim, in some cases, will be invalid if filed after a very long time. The same goes for experiences that may have led to trauma and psychological conditions. In some places, illnesses brought on by prolonged emotional stress at work are not eligible to receive compensation.
If you need to file or appeal a worker’s compensation claim, our attorneys would be happy to answer your questions. Contact us here.