Overpayments

Experienced Workers’ Compensation Attorneys Helping Chicago Residents

When an employee is injured in the course and scope of employment, Illinois law provides a method for them to recover benefits and compensation. When employees receive benefits under the Illinois Workers’ Compensation Act, employers, typically through their workers’ compensation insurance company, are obligated to make payments to the injured worker. The Chicago workers’ compensation lawyers at Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck ensure that employers meet their obligation of making these payments. We represent workers in many industries in their claims for compensation, and we ensure that employees are not deprived of rights provided by law when an employer or insurer alleges an overpayment. If you or someone close to you has been injured at work, we are prepared to provide full representation for your claim for benefits.

Overpayments of Benefits

By filing a workers’ compensation claim with either an employer’s insurance company or the Illinois Workers’ Compensation Commission, employees assert their right to benefits. These workers’ compensation benefits help cover medical costs and other expenses associated with their work-related injury or disability. There are multiple steps that employees must follow to ensure a successful claim for benefits. First, they must prove that an employment relationship existed at the time of the accident. This can be demonstrated through careful documentation and evidence. Additionally, workers must show that their medical condition or disability was caused by their job or workplace conditions.

While there are often multiple steps in a claim for benefits, it is important for workers to persist in their case. Medical care and vocational rehabilitation costs may be paid by the employer, as well as emergency care and pharmaceuticals following the employee’s work-related condition or injury. Employees may recover their payments in one single lump sum or as ongoing payments at specific intervals, typically each week.

An overpayment may be alleged by an employer or its workers’ compensation insurance company. Essentially, this may be asserted when the employer or insurer has made benefit payments that have exceeded its legal obligation. According to Illinois law, employers are entitled to receive credits when they have overpaid benefits to injured workers. In other words, when an overpayment has occurred, the employer is discharged from their obligation to make payments until the overpayment is erased.

When an employer alleges that they have overpaid a workers’ compensation claimant, it is common for the claimant to contest this allegation. In order to determine whether an actual overpayment took place, an audit is typically performed. By comparing formal awards made by the Commissioner to payments made by the insurance carrier, it can be determined whether the claim has been overpaid, or if there is outstanding money owed to the injured worker.

In the event that an overpayment of benefits has occurred, future payments will be affected. Typically, future payments will be reduced and credited toward the overpayment. In most cases, an administrative law judge will set forth a weekly amount to be deducted from future payments. These payments will then be credited to the employer and applied toward the overpayment.

A workers’ compensation attorney can help injured workers understand their rights. In some instances, insurers may request a claimant to reimburse monies by personal check. However, an overpayment should be redressed by a reduction of future payments, so workers should not be required to reimburse payments by personal check.

Retain a Chicago Lawyer to Help with Allegations of an Overpayment

At Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, our experienced job injury lawyers diligently protect the rights of workers in a range of industries. For example, we have helped airline workers and flight attendants, as well as union workers, in their claims for benefits. If you find yourself facing an employer’s or a workers’ compensation insurer’s claim of overpayment, our Chicago attorneys can assist you. We also represent injured workers and their loved ones in Aurora, Champaign, Springfield, Quincy, and other areas of Champaign, Kane, Adams, Winnebago, and Cook Counties. Contact our office for a free consultation by completing our online form or calling (800) 444-1525.