Workers’ compensation claims are critical for recovering money lost from a workplace injury. If your Illinois workers’ compensation is denied, you may be interested in appealing the decision.
Worker’s compensation claims can face denial for several reasons:
Your employer or its insurer should provide a written description of your compensation denial pointing to one of these reasons. If you haven’t received this written explanation, contact your employer or the insurer following the claim denial. If you’ve received an explanation but don’t understand it, discuss the denial further with the entity.
While these reasons can justify a claim’s denial, they may not be accurate. For example, a working environment that makes a preexisting condition worse, often referred to as an “aggravation of a preexisting condition,” can qualify for workers’ compensation. If the claim denial doesn’t seem correct, you may feel inclined to appeal.
Every case differs, and the likelihood of getting your denial overturned will depend on the facts surrounding your case. If you’re feeling uneasy about your claim denial, working with a legal professional can help you understand your case and whether the appeals process will lead to an overturned decision.
When seeking an appeal, start with requesting an adjustment to the claim by applying with the IWCC. Your case will receive an assigned number and arbitrator, who you can request a hearing with.
If the arbitrator agrees with the denial, you can request an administrative appeal. Submit two copies of a petition for your denial with a written explanation of your decision to appeal. You have 30 days following your denial to submit these materials to the IWCC. Within 35 days, you must submit a transcript of the arbitration hearing or a statement with the facts presented at the hearing.
Following your hearing, a panel of three commissioners will hear the arbitrator’s decision and review all evidence presented during the hearing — this is a commission appeal. This is only required if you wish to appeal the decision your arbitrator reached during the administrative hearing.
The workers’ compensation trial and appeal process involves the production of evidence, direct and cross-examination of witnesses and presentation of legal arguments. Deadlines are critical throughout. Therefore, it is highly recommended you have a legal professional in your corner.
You may qualify for an expedited or emergency hearing if you meet the following conditions:
To request an emergency hearing, file a Petition for Immediate Hearing. The Commission must make a final decision within 180 days of your request.
In standard and emergency hearings, your employer will likely have attorney representation. Hiring an attorney can improve your chances of getting your denial overturned. At Argionis & Associates, LLC, we provide the representation necessary for your workers’ compensation appeal. We work in the greater Chicago area and specialize in injury cases, including workers’ compensation.
You only owe us fees if we win your case. Reach out today to discuss your appeal.