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Reasons Workers’ Compensation Gets Denied

April 20th, 2021 at 9:35 pm

work-injuryNobody plans on getting injured — that is why we call it an accident. However, getting hurt at work can result in rather difficult circumstances for you and your family. Not only can it cause you physical maladies, but taking time off of work can also cause financial distress for your family. Fortunately, workers’ compensation exists to help ease some of the burden that is brought on by getting injured at work. However, workers’ compensation benefits are not automatic. Before you can begin to claim compensation, you must first file for your benefits with the state. Even if your injury happened at work, not all workers’ compensation claims will be accepted. Though it can be frustrating, there are multiple reasons why your workers’ compensation claim might be denied.

Understanding the Reasons for Denial

Workers’ compensation was created with the intention of providing financial and vocational support to those who have been injured at work. As such, the primary objective of the program is to help people, which is why many claims are accepted without issue. However, some claims may be challenged by the Illinois Workers’ Compensation Commission. Here are some of the most common reasons why your Illinois workers’ compensation claim may have been denied:

  • You waited too long to file your claim. Like most other things, filing a workers’ compensation claim has a time limit to it. In general, the statute of limitations for filing a workers’ compensation claim in Illinois is 45 days. If the injury involves radiation, the statute of limitations is 90 days. If you fail to report your injury within this timeframe, your claim can be denied or delayed.
  • You have a pre-existing condition. In some cases, your workers’ compensation claim may be denied because of a pre-existing condition that you have reported. Your employer may try to avoid paying for your workers’ compensation by saying that your injury was pre-existing, but it is important to note that you still have rights, even if you have a pre-existing condition. You may still be entitled to benefits if your workplace injury aggravated your pre-existing condition.
  • Your own actions contributed to the injury. Workers’ compensation only covers employees for injuries that they have sustained during accidents that occur at work from the usual course of conduct. Workers’ compensation does not cover accidents that occur due to the negligence, misconduct, or irresponsibility of the employee. Your claim may be denied if the details of your case reveal you as being at fault, or under the influence of intoxicating substances at the time of the accident.

Our Chicago, IL Workers’ Compensation Lawyers Are Here to Help

It can be extremely frustrating to hear that your workers’ compensation claim has been denied. However, even if your claim was denied, that does not mean it is the end of the road. At the Law Offices of Francis J. Discipio, we know that workers’ compensation claims are denied all of the time for all kinds of reasons, whether they are valid or not. Our skilled Cook County workers’ compensation attorneys can help you understand your rights when it comes to your workers’ compensation benefits. To schedule a free consultation, call our office today at 630-574-2288.

 

Sources:

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

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

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