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Injured Chicago Workers Take to Appeals

Posted On March 22, 2017

Chicago Workplace Injuries

In 2015 BLS study, approximately 2.9 million nonfatal injuries were reported by private employers. Recent data shows that the overall rate of workplace injuries stands at 117 injuries in 10,000 workers. Unfortunately, most workers’ compensation claims in Illinois end up being denied by claim administrators and insurance providers. There are many misconceptions that prevent workers from rightfully receiving their monetary benefits in Chicago.

• An employer could withhold compensation when the worker is at fault for the accident with claims of ineligibility. Workers should contact a Chicago personal injury attorney to protect their rights.
• Collect and keep accurate records following all injuries. These documents prove injury occurrences; medical care received and incurred losses.

The Denial of Illinois Work Comp Claims

In the state of Illinois, many workers’ compensation cases are denied following an initial application for benefits. The causes may include increased prevalence of fraudulent cases, employer negligence, the presence of illegal drugs in the blood system, lack of witnesses, insufficient appeals in the evidence provided, errors made by insurance adjusters, or the claim of a pre-existing condition. To be eligible for compensation benefits in Illinois, injuries must have arisen within the working environment. A Chicago personal injury attorney should prove that injuries happened offsite while in the course of duty.

Seeking Legal Help

The Illinois worker’s compensation Act 1 holds employers liable for all injuries sustained in the work environment. Many injured workers however still have their benefits denied in the first hearing. Following the denial, a dissatisfied worker has the right to appeal through the following stages:

• The denial of compensation in the state of Illinois leaves an opening for workers to bring a case to an arbitrator.
• Cases can be appealed to a three-person panel of IWCC commissioners when the decision of the arbitrator is unsatisfactory.
• When denied benefits by the panel the case can be appealed to the state’s circuit court and the Appellate Court.
• Unsuccessful appeal at this level can be taken to the Supreme Court.

A Chicago personal injury attorney understands the laws that govern Illinois and can protect a worker’s rights, helping them to avoid disparaging remarks that would hurt the final decision. Seeking the assistance of a Chicago personal injury attorney can increase the chances of a successful appeal.
 

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