Denial of Workers' Compensation Claims
If you faced a denial of your workers’ compensation claim as a temporary worker, it is vital that you seek representation from a seasoned Chicago workers’ compensation attorney. At Katz, Friedman Eisenstein, Johnson, Bareck & Bertuca, we have more than 60 days years of experience fighting for compensation for our clients. We understand the potential pitfalls of claims brought against staffing agencies and we are well-positioned to fight on behalf of temporary workers who need benefits.Denial of Workers’ Compensation Claims
As a temporary worker employed by a Chicago staffing agency to perform tasks for another company, you may feel you have no recourse after getting injured or ill on the job. Temporary workers are more likely than permanent workers to sustain injuries or illness. When injured, you may hear conflicting information about who your employer is. Typically, the contract sets forth that the staffing agency is the employer. If you fall and break your legs in a company’s bathroom while working for that company, you will not turn to the company’s workers’ compensation insurance, but rather to your staffing agency’s insurance.
It is crucial to notify the staffing company of your work-related injury within 45 days of the accident, particularly since they are not present to witness it. Furthermore, you should be scrupulous when you explain what happened, and it’s wise to provide notification in writing, such as an email, so that there are no questions about whether you gave timely notice or not. The staffing agency will likely request an incident report from the company. This incident report may be forwarded to the staffing agency’s insurer.
The insurer should provide you with a reason for why it denied your claim if it issues a denial. In some cases, an insurer starts by paying medical and temporary total disability benefits, but then abruptly stops paying these benefits and issues a denial. You should not assume the denial is legitimate. Valid claims are denied by insurers routinely, sometimes simply to protect profits.Reasons for Denials
Our attorneys see claims denied on a number of different grounds. One common reason cited in denials of temps’ claims is that the injuries are not work-related. The denial may be issued because injuries occurred somewhere other than the staffing agency’s property; so long as your injuries are work-related you are entitled to benefits. Similarly, your claim could be denied due to insufficient records. For example, if the Chicago company to which you were hired out doesn’t keep adequate incident reports, you could struggle to get the staffing agency’s insurer to cover your claim for benefits because it doesn’t have enough information.
Temporary workers face certain hardships that long-time permanent employees may not face when bringing a claim. For instance, you may have your claim denied if you are a temporary worker with more than one gig. The insurer may believe that your injury was sustained at the second job, rather than the one with its insured staffing agency and this can lead to a complex situation that should be handled by a knowledgeable attorney.Partial Denial of Benefits
An insurer may cover some of your benefits while denying others. For instance, you may be able to get emergency care covered after a work accident, but you could face resistance from an insurer in connection with the calculation of your disability benefits. You can file an appeal with the Illinois Workers’ Compensation Commission (IWCC) in connection with the staffing agency’s denial of certain benefits, even if you are receiving other benefits.Third Party Lawsuits
In addition to evaluating your workers’ compensation claim, our attorneys will look at whether you have grounds to pursue damages in a third party lawsuit. Many third-party lawsuits, such as those that arise out of a car accident are pursued under a theory of negligence. Our trial lawyers would need to show: (1) the defendant owed you a duty to use reasonable care, (2) the defendant breached the duty to use reasonable care, (3) the breach caused your injuries, and (4) actual damages. The workers’ compensation system, in contrast, is a no-fault system.Hire a Chicago Staffing Company Claims Law Firm
As a temporary worker, you are entitled to assert your right to workers’ compensation benefits. However, it can be important to retain knowledgeable legal counsel in connection with a denial of your workers’ compensation claim. Our lawyers represent temporary workers in Champaign, Rockford, Quincy, and Aurora, as well as Sangamon, Winnebago, Kane, Cook, and Adams Counties. Call us at 800-444-1525 or 312-263-6330 or complete our online form.