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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.




Commission Rules in Favor of Woman With Back Problems

May 21st, 2013 at 3:06 pm

A boon for those with pre-existing conditions that affect his or her work came with a ruling in Chicago this fall, according to a recent law bulletin of the Illinois Worker’s Compensation Commission. In 2009, the claimant—an operating engineer—fell off the back of a flatbed utility cart and landed on her buttocks and lower back. Her back problems had begun nearly 10 years before that. About three years before the recent accident, she had been released without work restrictions and continued to work through her pain.

Regardless of the arbitrator’s argument—that her current condition was not related to the work injury of 2009—the commission ruled in her favor. This is great news for workers in Illinois who may have preexisting conditions, which could be exacerbated by routine work. According to the Law Bulletin, the case means that “where a claimant with a preexisting back condition can no longer perform her full work duties due to an accident at work, she is entitled to medical and indemnity benefits for the exacerbation of her preexisting condition.”

At a time when the Illinois Worker’s Compensation Commission is tightening its belt, this ruling may have come to a shock to many in Illinois—but it’s great news for Illinois workers who experience pain daily due to a previous injury or preexisting condition. A recent press release from the Bureau of Labor Statistics has more good news for American workers in general: there were only 3.5 injury cases per 100 full-time workers in 2010, down from 3.6 in 2009. Less injuries and coverage of preexisting conditions sets a good tone for Illinois as this year’s numbers get compiled.

If you or someone you know was injured on the job—or exacerbated a preexisting condition while working—you may be eligible for compensation. Contact a dedicated Illinois worker’s compensation attorney today.

Image courtesy of FreeDigitalPhotos.net

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