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Denial of Workers' Compensation

Lawyers for Health Care Workers with Workers’ Compensation Claims

As a health care worker in a field that has been deeply impacted by the pandemic and caregiving, it can be frustrating to face denial of your workers’ compensation claim. In Illinois, most employers must secure workers’ compensation insurance against which their employees can make a claim if they are injured or made sick at their jobs. With the rise of illness and injuries among health care worker, it is more important than ever to secure knowledgeable legal counsel to represent you and ensure your interests are protected. If you are concerned about denial of workers’ compensation benefits as a health care worker who has been injured on the job, you should call the seasoned Chicago workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We have more than 60 years of experience.

Denial of Workers’ Compensation as a Chicago Health Care Worker

In most cases, as a health care worker who was injured or made sick on the job, you’ll be entitled to workers’ compensation benefits such as disability benefits, medical benefits, vocational rehabilitation, and out-of-pocket costs like medical mileage. While the workers’ compensation system was intended to make it easier for workers to secure compensation, in point of fact, it’s a tricky system to navigate. Sometimes employers and their insurers do not comply with the law or do not pay benefits to which health care workers are entitled.

It may be stressful to have your claim denied when you are not able to go to work because of your injury and you require significant medical care. Your Chicago employer’s insurer is required to start paying benefits or provide you with a written denial. However, the employer may ask you for certain information it needs to determine whether to accept or deny your claim, and you are required to cooperate with the insurer in order to receive benefits.

Common Reasons Claims Are Denied

Many Chicago health care workers are confused about why their claim was denied. One of the most common reasons claims are denied is that the insurer believes the injury didn’t occur in the workplace. This is a legitimate denial if you were not on the job and not at your jobsite at the time you sustained an injury. However, regardless of where you were, if you were doing work for your employer when you were injured, you’re entitled to benefits.

Notification

Another common reason for denial of a claim is that a claimant’s injury wasn’t reported in a timely fashion. You’re required to report your work-related injury or illness to your employer within 45 days of your injury. However, it is wise to report an injury or illness as soon as you realize it is work-related and to report it in writing, so reduce the possibility that an insurer will be skeptical of the claim.

No Fault Benefits

Health care workers may find their claim for benefits denied when their employers think they were to blame for the injury. However, in Illinois, workers’ compensation benefits should be paid regardless of fault; the workers’ compensation system is a no-fault system. There are some narrow exceptions to this, however, in that if you were under the influence of drugs or alcohol your claim may legitimately be denied.

Pre-Existing Conditions

You may find your claim is denied because you have a pre-existing condition. For example, if you need to do a lot of bending and lifting as part of your nursing duties, and you strain your back, but you had a disc herniation many years ago in a car accident, your employer’s insurer may issue a denial. Our attorneys can still seek benefits for you, however, so long as the preexisting condition in question was aggravated by your job and caused a covered injury or illness.

Hire a Chicago Workers’ Compensation Lawyer

Denial of a health care worker’s claim can lead to negative consequences for the health care worker over the long haul. As a health care worker injured on the job, you should retain a law firm to represent you in your claim. Our attorneys represent health care workers in Quincy, Rockford, Champaign, and Aurora, as well as Kane, Sangamon, Cook, Winnebago, and Adams Counties. Call us at 800-444-1525 or 312-263-6330 or complete our online form.