Airline Workers' Compensation Claim Denials
If you are injured at work in the airline industry in Chicago, you should be covered by workers’ compensation. However, even valid airline workers’ compensation claims are sometimes denied. It can be helpful to retain a skillful Chicago workers’ compensation attorney to represent you throughout the process of trying to obtain benefits after a work injury. You should also be aware that you may be able to appeal a denial of your airline workers’ compensation claim. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent injured airline workers at all stages of the workers’ compensation process, including those whose claims have been denied.Airline Workers’ Compensation Claim Denials
There are many different reasons why a workers’ compensation claim would be denied. The denial letter should specify the exact reason for the denial. For example, if you were injured but not on the job, the denial letter would specify that this was the reason. Another possible reason for denial is a failure to provide timely notice. Sometimes insurers purport to deny a claim because of pre-existing conditions. However, a pre-existing condition by itself is not a sound reason for a claim to be denied. Your employee takes you as it finds you, whether you have a degenerative disc disorder or a torn meniscus or diabetes. Rather, the relevant issue is whether your pre-existing condition was aggravated by your job or working conditions.Work Injuries in the Airline Industry
Airline work can be hazardous and workers are subject to a risky environment, with the potential for many different kinds of injuries. Airline workers can include pilots, mechanics, flight attendants, cleaning crews, baggage handlers, and people engaged in food service. Airlines and their insurers may deny a valid claim in order to save money based on a pretextual reason. They know that you if you, as an airline worker, don’t know your rights, you may not file a claim with the Illinois Workers’ Compensation Commission.Filing a Claim Based on a Workers’ Compensation Denial
Some airline workers’ compensation claim denials are not valid. If you’ve provided notice of an injury to your employer, but the employee or an employer’s insurer won’t pay you medical benefits or your disability benefits, you can file a claim. Your denial letter should set forth a deadline for submitting this sort of claim. You can submit your claim to the Illinois Workers’ Compensation Commission and ask for a hearing on your claim before an arbitrator.
Appealing a denial can be complicated. If you’ll need to present evidence and arguments in a trial over which the arbitrator presides, it is wise to retain a seasoned work injury attorney to represent you through this process. Further, if an arbitrator rules against you, you have a limited window of time in which to appeal, and your lawyer will be able to guide you through this process.
Winning appeals of workers’ compensation claims can be difficult; you will be going up against a well-financed insurer with lots of resources. In some cases insurers even hire private investigators to conduct surveillance in order to gather videotape or social media evidence that a claimant is malingering, and this surveillance evidence can be used to discredit you. Having a skilled legal representative advocating on your behalf can help you counter any evidence of this nature.Dedicated Workers’ Compensation Attorneys Serving Chicago
If you are concerned about appealing an airline workers’ compensation claim denial in Chicago, Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca may be able to help. We represent injured airline workers in communities including Aurora, Springfield, Quincy, Rockford, and Champaign, and across Cook County, Adams County, Sangamon County, Champaign County, Winnebago County, and Kane County. We also examine our clients’ situations to determine whether other relief, such as damages in a personal injury lawsuit or SSDI should also be pursued. Call us at 312-263-6330 or toll-free at 800-444-1525, or contact us online.