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5 Common Reasons Workers’ Comp Claims Are Denied

February 14th, 2018 at 12:04 pm

DuPage workers’ compensation attorneys, pre-existing condition, workers' compensation claims, workplace injury, workers' comp claimsIf you have been injured on the job, you are likely filing for workers’ compensation. Although workers’ compensation claims are often approved, denials do arise for a variety of reasons. By understanding the common reasons workers’ compensation claims are denied, you can increase your chances of recovering your entitled benefits without any issues.

The most common reasons workers’ compensation claims are denied include the following:

  1.       The injury was not reported on time.

If you fail to report your injury within 45 days, your workers’ compensation claim may get denied. An employer may believe that if you did not report your injury in a timely fashion, the injury never happened. To avoid this problem, do not wait to report your injury to your employer.

  1.       The injury did not occur at work.

A workers’ compensation claim may get denied if an injury did not occur at work. However, Illinois workers’ compensation laws state that benefits are available to employees who suffer from an injury while performing job-related duties, even if they were away from their worksite. If you travel for work or drive to fulfill a work task, you may still be eligible for workers’ compensation benefits.

  1.       No witnesses were present when the injury happened.

Since fraudulent workers’ compensation claims are always a concern, a claim may get denied because the incident that caused the injury was not seen by a supervisor or another employee. However, the fact that there were no witnesses present does not mean the injury never arose and a workers’ compensation claim is invalid.

  1.       There was a pre-existing condition.

If you have a pre-existing condition such as diabetes, arthritis, congestive heart failure, or epilepsy, your workers’ compensation claim may get denied. You should understand that if a workplace injury aggravated your pre-existing condition, you are entitled to workers’ compensation benefits.

  1.     Intoxication or horseplay was involved.

Workers’ compensation does not protect employees from their own misconduct. If you were using alcohol or drugs while you were at work or engaging in horseplay, you voluntarily put yourself in a position where you could get hurt and your employer is therefore not liable.

Dealing with a Denied Workers’ Comp Claim? Call Our DuPage Workers’ Compensation Attorneys

If your workers’ compensation claim has been denied, it is in your best interest to reach out to our experienced DuPage County workers’ compensation attorneys as soon as possible. We can assist in appealing your denial so that you can obtain the benefits you may deserve. Call us today at 630-574-2288.

 

Source:

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx

Why Following Doctor’s Orders is Important for Your Workers’ Comp Case

January 31st, 2018 at 2:01 pm

doctor's orders, Chicago workers compensation attorneys, work related injury, workers’ comp case, workplace injuryUnder the Illinois Workers’ Compensation Act, employees who are hurt on the job are eligible to receive medical and wage loss benefits. However, these benefits are not automatic—there are certain rules that injured employees must follow in order to receive them. One of the most important rules is following doctor’s orders. 

Steps to Take After a Work Injury

Immediately after you experience a work-related injury, you must report it to your supervisor or employer. Then, you should seek medical treatment as soon as possible. Once you visit a primary care doctor and/or specialist, he or she will document your injury and determine a care plan that will help you recover in an efficient and timely manner.

Your care plan may include diagnostic tests such as x-rays and MRIs, doctor’s appointments, overnight stays at the hospital, surgery, physical therapy, occupational therapy, speech therapy, and nursing home or home health care services. In addition, you will likely need to take certain prescription medications and use medical equipment such as a wheelchair, crutches, or braces.

Losing Benefits if Doctors Orders Are Not Followed

After your doctor and/or specialist outlines your care plan, you must follow it as ordered. If you refrain from doing so, you may lose your workers’ compensation benefits and hinder your recovery. Therefore, you should attend all doctor’s appointments, take medications as prescribed, utilize all medical equipment, and ask if you are unsure about a certain aspect of your care plan.

If you cannot make an appointment or are unable to adhere to one of your doctor’s orders, be sure to carefully document why. For example, if your ride cancelled on you and you have no way of getting to the doctor’s office, write down the name and number of the individual or company that was supposed to drive you.

Additionally, you should never go back to work until your doctor and/or specialist informs you that you can. In the event you disagree with your doctor’s care plan or believe that he or she is releasing you to go back to work too early or too late, you should consider changing medical providers.

Contact Our DuPage County Workers’ Compensation Attorneys for a Free Consultation

If you have been injured on the job, it is in your best interest to call our Chicago workers’ compensation attorneys at 630-574-2288 for a free consultation. We will inform you of your rights and ensure that you do not make a mistake that costs you the medical and wage loss benefits to which you may be entitled.

Source:

https://www2.illinois.gov/sites/iwcc/about/Pages/workers.aspx

5 Reasons to Hire a Lawyer for a Workers’ Compensation Case

January 18th, 2018 at 8:43 pm

Chicago workers’ compensation attorney, workers' compensation case, lawyer consultation, workers’ compensation benefits, work injuryIf you sustain an injury while at work, you may face a great deal of stress. In addition to filling out paperwork for a workers’ compensation claim and trying to determine which benefits you may be qualified to receive, you may additionally face medical bills, lost wages, and other difficulties.

Fortunately, an experienced workers’ compensation lawyer can improve your situation and will work to make your life easier during this challenging time.

Consider the following reasons why you should hire a lawyer for your workers’ compensation case:

  1.       Denial Prevention

It is not uncommon for workers’ compensation claims to get denied. Your claim may get denied because you failed to notify your employer of your injury on time, were not treated by an approved medical provider, never received any medical treatment, or did not file your paperwork on time. A lawyer can help you prevent a claim denial.

  1.       A Greater Understanding of Your Rights

Workers’ compensation laws in Illinois can be complex. A lawyer can clearly explain the laws to you so that you know how the claim process works and the benefits to which you may be entitled. Although there is literature available explaining these laws, receiving this information from a lawyer will help you avoid any confusion or misinterpretation. In addition, a lawyer can make sure you are meeting certain deadlines and filling out paperwork correctly.

  1.       Assistance in Receiving Quality Medical Treatment

After you have been injured at work, your health and recovery should be your top priority. Unlike insurance companies and employers who may not always have your best interests at heart, a lawyer can assist you in receiving quality medical treatment so that you can get back on your feet as soon as possible.

  1.       Benefits Evaluation

Once you receive your workers’ compensation benefits, a lawyer can review them to ensure that they are right for you and your particular injury and its severity. A benefits evaluation can ensure you are being treated fairly.

  1.       Free Consultation

Most lawyers offer free consultations to injured employees who are interested in learning more about their services. That being said, there is no financial risk with simply speaking to a lawyer about your case and rights.

Contact Our DuPage County Workers’ Compensation Attorneys for a Free Consultation

If you have been injured at work, contact a compassionate Chicago workers’ compensation attorneys at 630-574-2288 right away. With our legal representation by your side, you can protect your rights and focus on recovering.  

Source:

https://www2.illinois.gov/sites/iwcc/about/Pages/workers.aspx

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