Denial of Workers' Compensation Claims
As a Chicago Transit Authority (CTA) worker, you face significant hazards on the job, including not only the strain of repetitive movements, but also the possibility of significant vehicle accidents. You may sustain injuries because of bad weather or hostile, even violent passengers. If you faced denial of your workers’ compensation claim as a CTA worker, you should call the seasoned Chicago workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. CTA has a formidable legal team looking out for their interests, and if you need benefits, you should have one, too. We’ve fought for fair handling of workers’ claims for more than sixty years. Several of our counsel have been selected to Super Lawyers and received other prestigious honorsDenial of Workers’ Compensation Claims
In Illinois, public employers can self-insure without seeking approval from the Illinois Workers’ Compensation Commission (IWCC). Generally, Chicago employers need to meet certain requirements, including a demonstration that they are sufficiently financially secure to meet any workers’ compensation obligations that are incurred. CTA is self-insured. This means it handles its own claim and appoints its own examiners. This doesn’t mean it always reaches the appropriate resolution of claims, however. Many valid claims for workers’ compensation benefits are denied by CTA for improper reasons.
You should receive a denial in writing, and it should specify why your claim is being denied. Common reasons that claims are denied include a claimant’s pre-existing condition, an injury that is not work-related (or that CTA can claim is not work-related, even if it is), and an insufficient record.
You should be aware that CTA may not only deny your claim, but also respond improperly to your work-related injuries. For example, your injury may not be taken seriously or categorized appropriately, or you may be sent to the company doctor. You may face an inappropriate denial of some of your benefits, while others are paid. It is common, for instance, for there to be difficulties securing more expensive benefits such as surgery. Additionally, you may not receive the go-ahead you need through the pre-authorization process, thereby requiring you to file an Application for Adjustment of Claim with the IWCC.Taking Denials to the Illinois Workers’ Compensation Commission
Like privately insured companies, CTA is required to provide certain benefits to injured workers. These include medical benefits, temporary total disability benefits, temporary partial disability benefits, permanent total disability benefits, and permanent partial disability benefits. When CTA denies you benefits to which you believe you’re entitled, you may need to take your dispute before the Illinois Workers’ Compensation Commission, which administers these claims. It appoints an arbitrator to hear disputes. If either you or CTA is dissatisfied with the resolution reached by the arbitrator, the matter can be appealed to a three-person panel of commissioners, and to the courts, if that, too yields disliked results. In some cases, CTA may pay certain benefits you need, while unfairly refusing to pay others. It may pay certain benefits and then stop payment abruptly with lack of justification. Our experienced lawyers can negotiate with CTA and build the evidence and arguments you need to secure the full range of benefits to which you’re entitled.Third Party Lawsuits
In addition to evaluate your workers’ compensation claim, our lawyers can look at whether you have viable grounds to sue a third party for damages. While you are limited in your ability to seek relief from CTA, when another party is to blame for your work-related injuries, such as with a truck accident that occurs while you’re on the job or a dangerous property condition, you may be able to obtain compensatory damages. These can address the full scope of losses you face as the result of work-related injuries. However, you should be represented by counsel that not only knows how to present your case effectively before the IWCC and in court, but also understands CTA’s subrogation rights and how to protect your interests.Hire a Chicago Law Firm for CTA Workers’ Claims
It can be frustrating and stressful as a CTA worker to face denial of your workers’ compensation claim. You should retain a law firm to represent you. Our attorneys represent CTA 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.