The Workers’ Compensation Act allows injured employees to collect benefits when they get hurt on the job. The program uses a no-fault system, meaning that the employer does not have to be responsible for an accident for an employee to collect benefits. An employee with a diagnosis for an occupational disease may also be eligible to collect compensation. For approval, a team member must show they are qualified for benefits under the Workers’ Compensation Act.
The process of filing for worker’s compensation is difficult, and many employees might receive a denial if their employer disputes their claim. When receiving a denial, many workers contact a certified legal professional to help them appeal the unfavorable decision. If you need assistance after being denied benefits, contact a Joliet Worker’s compensation appeals lawyer for help challenging the verdict and collecting the compensation you need.
Workers’ Compensation Appeals Process
While most employees in this state are eligible to collect workers’ compensation benefits, it is not necessarily an easy process. Employees commonly receive a denial from an insurer upon applying for benefits for the first time. In many cases, an insurer issues a denial of benefits because of simple errors in the paperwork. Appealing a decision is often stressful – it could mean more work before securing compensation.
After having their worker’s compensation claim denied, an employee might have two options. The first option involves the employee appealing directly to the insurer. They can submit a worker’s compensation appeal letter, which a knowledgeable Joliet attorney could prepare.
If the insurer still denies the claim, the applicant, with the help of an experienced legal professional, can appeal the decision with the State’s Workers’ Compensation Commission. This option will require the team member to submit a written petition explaining why they are appealing the denial, within 30 days of having their initial request rejected. A dedicated lawyer in Joliet could help determine the best process for appealing a worker’s comp denial and resolve issues that arise along the way.
What to Do When an Employer Denies Medical Care
In some cases, an insurer or employer may not agree that a worker deserves compensation for some specific medical care. According to Illinois Compiled Statutes 820 ILCS 305/8.7, an employee thankfully has the right to challenge being denied coverage for healthcare. Appealing these decisions involves something known as a utilization review program – a system that a knowledgeable lawyer in Joliet could explain during the process of securing worker’s compensation.
A Workers’ Compensation Hearing Before an Arbitrator
After receiving a denial of benefits, an injured worker can submit a letter to the Illinois Workers’ Compensation Commission to request an informal hearing in front of an arbitrator. The employee must present their case at the hearing. The employer or insurer denying the claim will also have time to present their case and explain the reason for their decision.
After listening to both parties’ arguments, an arbitrator will issue their conclusion. If a worker disagrees with an arbitrator’s decision, they can file an appeal to a panel of commissioners. A seasoned attorney in Joliet could assist an injured employee before a workers’ compensation appeals hearing by helping them gather information needed to support their argument.
Appealing a Workers’ Comp Decision to a Panel of Commissioners
If a worker disagrees with an arbitrator’s decision, they can file a petition to have their claim heard within 30 days. An appeal hearing requires that an injured employee appears in front of a panel of three representatives from a commission.
After reviewing all information regarding a worker’s benefit claim, the committee can schedule a hearing date and submit documentation for their argument before the employee’s appearance. A worker and their attorney will have ten minutes to present their oral argument. Then, the commission will review the case details and come to a conclusion within 60 days of the hearing.
A dedicated attorney in Joliet could file a workers’ compensation appeal and work to get employees the benefits they need to help them recover from their injuries.
The Section 19(b) Hearing
If a team member has resumed their normal work duties but has not received workers’ compensation benefits, they can request an expedited 19(b) hearing.
According to the Illinois Compiled Statutes 820 ILCS 305/19(b), a worker should file a petition for an immediate hearing with the help of a seasoned legal professional to ensure a successful outcome. The employee will receive a response within 180 days of filing a petition. A hardworking lawyer in Joliet could guide a person through the workers’ compensation appeals process to secure the best outcome for an employee.
Meet With a Seasoned Workers’ Compensation Appeals Attorney in Joliet
Receiving a denial of benefits from an insurer does not mean you are unable to collect compensation for your work injuries. To ensure you cover every angle and reach an approval as quickly as possible, it is always wise to reach out to a Joliet workers’ compensation appeals lawyer right away.
Although state law does not require you to retain legal representation to appeal a claim, it could save valuable time and ensure you get the maximum benefits you are eligible to collect. Contact a seasoned Joliet workers’ compensation appeals lawyer to get started.