"AMERICA, HOME OF THE FREE, BECAUSE OF THE BRAVE" OFFERING FREE CONSULTATIONS 630-574-2288
Chat
Espanol

Dealing with a Denied Workers’ Compensation Claim

November 8th, 2018 at 9:44 am

Illinois workers compensation appeals lawyerInjured workers typically expect a payout from workers’ compensation, but claims are all too often denied. In fact, data from the United States Department of Labor shows that, out of the 4,104 Illinois workers’ compensation claims filed within the past year, more than half were denied. Thankfully, statistical analysis suggests that approximately 70 percent of all workers’ compensation claim appeals are successful, which means many injured workers could eventually receive a payout, even if their initial claim was denied. Learn more about how you can deal with a denied workers’ compensation claim, and discover what our seasoned workers’ compensation attorney can do to help with the process. 

Why Workers’ Compensation Claims Are Denied

Insurance companies are for-profit businesses, so their goal is to save as much money as possible. They do this mostly by denying benefits to injured workers for a myriad of reasons. Denied claims tend to make employers happy as well; fewer payouts mean lower insurance rates for them. In other words, the entire system is set up to benefit employers and insurance companies, and injured workers are the ones who are paying the price for corporate greed. 

Of course, that is not the reason they give for denied claims. Instead, they look for possible issues with either the claim itself or the claimant. For example, they might investigate into your medical history and find that you have a former back injury. If your work injury claim was related to a back injury, they may call it a “pre-existing condition.” Other reasons for denying a claim might include:

  • An injury that did not occur while working. Remote workers and employees who drive must also beware of this rule, as they are often working and operating in a gray area; 
  • Failing to promptly notify the employer about the injury. This is most often seen when a minor injury gets worse, so be sure to report even seemingly minor injuries to your employer;
  • Missing your filing deadline. Deadlines must strictly be adhered to, otherwise injured parties face an automatic denial of their claim;
  • Being intoxicated. Having a drug or alcohol substance in your system at the time of an injury, regardless of whether you were actively using it during working hours, usually results in an automatic denial of a work injury claim;
  • Your employer is disputing the claim. Perhaps they think you are lying, or maybe they say you had been laid off or terminated. Whatever the reason, expect an uphill battle and ensure you have legal protection during the appeal process; and
  • Injuries or medical condition is not covered by workers’ compensation. Fighting a claim that was denied for a pre-existing condition is one thing; these can ofte. Being denied because the insurance company does not consider your back injury “severe enough” can be an entirely different story. Here, victims may have to prove that their injury is impairing their life.

Appealing Your Denied Workers’ Compensation Claim

Insurance companies know that few workers have the time, knowledge, or resources to pursue an appeal on their own. Add in any financial struggles that they may be experiencing, and it is no wonder why so many injured workers simply give up on the idea of receiving compensation – but it does not have to be this way. Injured workers who obtain skilled legal representation to actively and aggressively pursue an appeal on their denied claim are often successful in receiving a payout from the insurance companies. 

The Law Offices of Francis J. Discipio can assist you or your loved one with the appeals process.  Trusted and backed by more than 25 years of experience, our skilled Oak Brook denied workers’ compensation claims lawyer offers free consultations. Schedule yours by calling 630-574-2288.

Sources:

https://www.dol.gov/owcp/energy/regs/compliance/statistics/WebPages/ILLINOIS.htm

https://www.revealnews.org/article/inside-teslas-factory-a-medical-clinic-designed-to-ignore-injured-workers/

https://www.9news.com.au/2018/11/06/13/14/allianz-refuses-injured-firefighters-insurance-claim

3 Major Causes of Work-Related Back Injuries and How to Prevent Them

October 25th, 2018 at 9:06 am

Illinois workers' compensation lawyersBack injuries are one of the leading causes of missed time on the job. They are also one of the most common reasons that employees file for workers’ compensation. Sadly, even paid claims often fail to cover an employee’s basic living costs. As such, it is important that workers attempt to avoid back injuries, whenever possible. The following sections can help you learn the most common causes of work-related back injuries and how to prevent them. You shall also discover how a seasoned workers’ compensation attorney can assist you in receiving the most compensation possible if you or a loved one has suffered a serious back injury while on the job. 

Insufficient Back Safety Training 

Employers know that back injuries can result in numerous expenditures for the company, which is why most provide back safety training, right at the very start of an employee’s career. Sadly, there are still companies that fail to provide critical safety training for their workers. Some simply assume that an employee should already know how to properly lift heavy items. Others are disorganized and offer insufficient training. Then there are employers who simply lack concern for the safety of their employees. In situations where safety training is required and not received, employees may be owed additional compensation after a back injury. Talk to a skilled attorney to learn more. 

Complacency in the Workplace 

Initial back safety training can help employees avoid early injuries, but as time passes, old habits can reemerge. Workers can also become desensitized to the potential risk that they are facing if they are constantly lifting heavy items on the job. Employers can combat such issues by providing ongoing training and job coaching, but most fail in this area. As such, workers have to be extra mindful to prevent an on-the-job injury. Take notice if you start experiencing even mild back pain on the job, as this could be a sign that you are twisting your spine or lifting incorrectly. Ask for help or coaching from a supervisor if necessary. 

Deadlines, Rushes, Time Crunches, Understaffing

When workers are in a hurry because they are on a deadline, time crunch before the end of their shift, understaffed, or in the middle of a rush, proper lifting techniques often fall to the wayside. As a result, the risk of injury is increased exponentially. In fact, one study found that employees are more likely to cut corners – including those that pertain to work safety – when they feel rushed or are on a deadline. Mental state, which can be altered by time crunches, has also been linked to a higher incidence of work-related injuries. Employees can mitigate their own risk by holding steadfast to their work safety standards, even when production demands are increased. 

Contact Our Cook County Work Injury Lawyers

If you have been injured on the job, contact the Law Offices of Francis J. Discipio. Our experienced Chicago workers’ compensation lawyer is dedicated to ensuring you get the most compensation possible. We can also decrease your risks of a denied claim, and we can help you seek additional compensation if your injury was related to employer negligence. Schedule a free consultation by calling our offices at 630-574-2288 today.

Sources:

https://ascelibrary.org/doi/full/10.1061/%28ASCE%290733-9364%282006%29132%3A2%28182%29

https://www.ishn.com/articles/103452-deadlines-can-erode-safety-and-promote-risk-taking

https://safetymanagement.eku.edu/resources/articles/understanding-human-factors-in-occupational-safety/

https://www.mayoclinic.org/healthy-lifestyle/adult-health/in-depth/back-pain/art-20044526

https://www.webmd.com/back-pain/news/20140325/low-back-pain-leading-cause-of-disability-worldwide-study

 

Slip and Fall Injuries on the Job – What Injured Workers Need to Know

October 11th, 2018 at 9:45 am

Illinois workplace injury attorneysSlips, trips, and falls are some of the leading causes of injuries in the workplace. In fact, statistics indicate that they are the leading cause of workers’ compensation claims, and they represent the primary reason for missed days at work. So what can you do if you are injured on the job after a slip, trip, or fall? The following information explains, and it provides important details on how a seasoned workers’ compensation lawyer can help improve your chances of receiving a full and fair payout on your work injury claim. 

Workplace Slip and Fall Injury Statistics

Some workers are able to return to work shortly after their injury, but around 22 percent of all workers injured by a slip, trip, or fall end up missing at least 30 days or work. During that time, their household bills may go unpaid, and they may struggle to support their families. For an estimated 600 families, the effect of a workplace slip, trip, or fall is permanent, as their loved one ends up dying from injuries associated with a slip, trip, or fall in the workplace. These numbers all contribute to the estimated $70 billion that is paid out each year in compensation and medical-related costs for workplace slip, trip, and fall injuries. 

Why Seek Legal Assistance with a Workers’ Compensation Claim? 

Insurance companies are in the business of making money, not paying it out. When one adds in the sheer number of claims that are processed by the insurance companies each year, it is no wonder why so many are denied for things like a pre-existing condition or an injury that allegedly occurred outside of the workplace. Denials are not ironclad, however. In fact, an attorney can help reduce the risk of an initial denial. A skilled workers’ compensation lawyer can also increase the chances of a favorable outcome if the claim is denied and must be appealed. Payouts may also be higher for those who obtain legal assistance during the claims process. Lastly, a lawyer can help to determine if an injured worker is eligible for compensation outside of their workers’ compensation claim, such as through a third-party lawsuit. 

Contact Our Cook County Workers’ Compensation Lawyer

If you have been injured on the job, contact the Law Offices of Francis J. Discipio for assistance. Our Chicago workers’ compensation attorney will protect your interests, right from the very start of your claim. Schedule a free consultation to get started. Call 630-574-2288 today. 

Sources:

https://nfsi.org/nfsi-research/quick-facts/

https://secure.fldfs.com/wcapps/claims_research/Stats_Results.asp

 

Back to Top Back to Top Back to Top