Why Might an Illinois Workers’ Compensation Claim Be Denied?
Nov. 22, 2018
When a person in Peoria is injured on the job, it can be a significant blow physically, mentllay and financially. On-the-job injuries can be very serious, leading to extensive medical treatments, emotional trauma and the inability to work to earn an income. For these reasons, Illinois has a workers’ compensation system that is meant to provide a financial safety net for those who find themselves injured on the job and unable to work.
However, not every workers’ compensation claim is automatically approved. Sometimes, a person’s initial claim for benefits is denied. There are a number of reasons why the Workers’ Compensation Commission might deny a workers’ compensation claim.
One reason a workers’ compensation claim may be denied is because the worker was not subject to the Illinois Workers’ Compensation or Occupational Diseases Act when the incident occurred, and, thus, lacked jurisdiction. Another reason for a denied workers’ compensation claim is the finding that there was not an employee-employer relationship when the incident occurred. A third reason is that the workers’ injury occurred outside the course of employment. A fourth reason is that the injury or illness was not caused or aggravated by the alleged incident in the workplace. Finally, a workers’ compensation claim may be denied if the worker did not provide their employer with proper notice of the incident within the timeframe set by law.
It is discouraging for your initial claim for workers’ compensation benefits to be denied. However, workers in this situation should not lose hope. They can pursue a trial before a Commission arbitrator, who will determine what benefits the worker is entitled to. This process can be lengthy, however, and, with so much at stake, many workers decide to seek legal guidance, to prepare for their trial as best as possible.