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Joliet Attorney for Denied Claims and Arbitration

Denied Workers' Comp Claims Attorney in Will County

Workers' compensation is meant to protect workers who are injured on the job. These benefits should be available for any employee who gets hurt at work. The goal of workers' compensation is to ensure that workers and their families do not suffer financial hardship as a result of a work-related injury. Unfortunately, workers' comp claims are sometimes wrongfully denied. It can be shocking and frightening to learn that your employer or their insurer has denied your claim. You may be left with substantial medical bills, and you may struggle financially while you are missing work and not bringing in income. You should know that a denial is not the end of your case. You have the right to appeal this decision. It is best to work with an attorney if you must appeal a denied claim.

Rathbun, Cservenyak & Kozol LLC is extremely well-versed in workers' compensation law, and our team is experienced in representing people whose claims have been denied. Unlike in a traditional personal injury lawsuit, your case will go not before a judge, but it will instead be reviewed by an arbitrator. The designated arbitrator will be the one tasked with making a decision about whether to award you workers' compensation. Prior to the arbitration hearing, our attorneys will work hard to investigate and gather any evidence in your favor. If the initial arbitration session does not go your way, we are more than ready to file subsequent appeals on your behalf.

Why Workers' Compensation Claims May Be Denied

Workers' compensation claims can be wrongfully denied for a number of reasons. The amount paid out in these claims can be quite substantial, including wage benefits and sometimes even permanent and total disability after a catastrophic injury. Your claim may have been denied if your employer claims:

  • The injury did not happen at work - Your employer may claim that your injury was not work-related or happened elsewhere. You should know that your injury need not have happened on your employer's premises for it to be covered. If you were performing work on behalf of your employer somewhere other than on your usual job site, it should be covered under workers' compensation.
  • Preexisting condition - Your employer may try to blame your injury on a condition that you already had. For example, if you had back pain from a compressed disc, your employer may claim that a back injury was the result of that condition rather than work-related issues. However, if performing your job duties aggravated or worsened a preexisting condition, you should still be eligible for workers' compensation payments.
  • Fault - Your employer may wrongfully deny your claim by arguing that the injury was your fault and that you were careless or reckless in causing your own injury. However, workers' compensation covers injuries at work regardless of who was at fault for the accident. Generally, the only reason a claim should be denied based on the employee's fault is when the employee was under the influence of drugs or alcohol at the time of the accident. If your employer has claimed that you were intoxicated, we will need to gather evidence showing that you were not.
  • Time limits - You have up to 45 days after the injury occurs to report it and file a claim. Failing to report an injury in time can result in your claim being denied. However, some employers will deny a claim based on how long the employee waited to report the injury even if the employee did report it within the legal time limit.

If you are facing the denial of a workers' comp claim, you have the right to be represented by an attorney and to appeal your case. In many cases, we are able to win compensation for employees whose claims were initially denied.

Contact a Will County Denied Workers' Comp Claims Attorney

If you have been denied workers' compensation benefits, you can take steps to appeal this decision. The attorneys at Rathbun, Cservenyak & Kozol LLC are highly experienced in working with employees who have faced this problem. We will do all we can to see you recover the compensation you need through workers' compensation. To begin with a free consultation, please contact us at 815-730-1977.

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