You notified your employer after you were injured while working and fully completed and submitted your application for benefits. You are sure you followed all the required steps for an injured worker to apply for out-of-work financial benefits. Despite this, your request for injured worker compensation was denied. Do not let this news deter you. Denied workers have the legal right to file an appeal to ask the Illinois Workers’ Compensation Commission to reconsider their case.
To give yourself the best chance of approval this time around, talk to an experienced attorney. An Elk Grove Village workers’ compensation appeals lawyer could find out what went wrong during the application process, fix the errors, and present persuasive arguments on your behalf during the hearing. Let our firm work to resolve your appeal while you focus on recovering.
The Purpose of a Workers’ Compensation Appeal
Appeals give an injured worker another shot at their benefits claim. During appeal hearings, employees must convince legal and administrative professionals that the denial was wrong. A lawyer in Elk Grove Village could provide evidence to refute the rationale for the workers’ compensation denial. For example, evidence could be an email establishing that the worker did notify their employer of their injuries within 45 days after the dangerous accident.
A skilled local attorney will be a valuable advocate in pursuing a positive outcome to a workers’ compensation appeal.
The Correct Way to File an Initial Workers’ Compensation Appeal
The concept of due process applies in workers’ compensation cases. This means no denial claim is final unless the workers have been given the right to plead their case in an appeal. However, an injured employee must submit certain documents to preserve an appeal. Here are the main steps to file a Workers’ Compensation Appeal stage one:
- Complete Form IC01 – Application for adjustment of claim within one month (i.e., 30 days) of denial
- File Form I01 with the Workers’ Compensation Commission and mail a copy to your employer by certified mail so that you have proof of service
- File a petition for an immediate hearing (for employees who likely are not receiving any disability benefits)
- See another physician for additional evidence of the work-related injuries
- Wait to be notified of the assigned hearing arbitrator
- Receive notification of the hearing date and begin preparations
- Attend the hearing, which must take place by 60 days after filing the appeal
The workers’ compensation appeals process is technical and can be frustrating when you are dealing with serious injuries. An Elk Grove attorney could step in and handle every aspect of your workers’ comp appeals while you focus on healing.
The Five Levels of Illinois Workers’ Compensation Appeals
An injured worker could appeal a denial up to five times. However, the chances of being approved for benefits diminish with each appeal.
- Level 1: Appeal with an arbitrator
- Level 2: Appeal with a commissioner
- Level 3: Appeal to the Illinois Circuit Court
- Level 4: Appeal to the Illinois Appellate Court
- Level 5: Appeal to the Illinois Supreme Court
Each appeal level comes with its own rules and complexities, requiring knowledge of the relevant laws. Our Elk Grove Village lawyers are well-versed in workers’ compensation appeals law—we know what steps to take to secure a favorable case outcome.
Contact a Workers’ Compensation Appeals Lawyer in Elk Grove Village
The days after a workers’ compensation benefits denial can fly by. Reach out to an attorney as soon as possible to protect your rights and ensure your appeal is filed on time.
You do not have to go through this alone. An Elk Grove Village workers’ compensation appeals lawyer is here to discuss your situation and pursue the benefits you need. Call the Kryder Law Group today to get started.