Why Hire an Attorney to Handle Your Workers’ Compensation Case
You may be wondering why you should hire an attorney to handle your workers’ compensation case? One important reason is that employers’ insurers are rarely on the side of injured workers. They are more interested in protecting profits. An experienced Chicago workers’ compensation attorney can make it more likely you’ll obtain the full benefits to which you’re entitled. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we have fought for workers who’ve suffered because of significant and disabling job-related injuries for more than 60 years and we seek best results in every case.Why Hire An Attorney to Handle Your Workers’ Compensation Case?
The Illinois workers’ compensation system was designed to make it easier to obtain compensation for certain economic losses. However, in practice, it is a challenging system to navigate. There are numerous rules that need to be followed. Your employer’s insurer is not on your side. Rather, it is likely to be concerned with profits, first and foremost.
Workers’ compensation benefits are no-fault benefits. This means our lawyers will not need to prove your employer was at fault for the accident to secure benefits. However, we can work to protect your interests in connection with an array of the complex procedural and substantive issues that arise in connection with workers’ compensation claims. For example, you could face denial of your claim if you failed to give notice to your employer of the work-related injury within 45 days. You could also face a denial based on an insurer believing you have a preexisting condition. Experienced counsel would look at whether your preexisting condition was exacerbated by your job; if it was, you have grounds to recover benefits.
In some cases, employers and their insurers seem to accept claims by paying out disability benefits in a timely fashion at first. Later, down the road, after the insurer has investigated the claim, it may issue a denial. Or it may decide you’re not entitled to certain benefits, though it is willing to pay others. For example, an insurer may not wish to pay for surgery for a work-related injury, because it’s an expensive treatment, even though the surgery is reasonably necessary and therefore, the insurer should pay for it. You may be asked to attend an independent medical exam. These are not independent; in most cases, insurers select an IME doctor based on a past history of recommending conservative treatments and siding with employers against workers. However, you must still attend. If we represent you, we can make sure you understand your rights during the exam and that any adverse opinions by the IME doctor are appropriately handled in an administrative hearing.
If your claim is denied, or certain benefits are denied, it’s important to have a seasoned lawyer by your side to explain to the arbitrator at the Illinois Workers’ Compensation Commission why you should get the benefits that were denied to you. At a hearing, the arbitrator will hear evidence from both sides. Your employer’s insurer will be represented by savvy legal counsel at the hearing, one able to exploit any perceived weaknesses in your case. Often employers have significant power over their workers. To be on equal footing with them in your claim, you should be, too.Intersection of Workers’ Compensation Claims and Third Party Lawsuits
Another important aspect of retaining legal counsel with experience handling both workers’ compensation and personal injury claims is the complexity of the issues that arise and the importance of protecting your interests. Your employer’s workers’ compensation insurer has subrogation rights in the proceeds of your personal injury lawsuit against a third party. With subrogation rights, an insurer can step into your shoes and pursue damages from a third party that caused your injuries as if they were their own.Consult a Seasoned Chicago Workers’ Compensation Lawyer
If you are wondering why you should hire an attorney to handle your workers’ compensation case, give us a call. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our seasoned Chicago lawyers look for all forms of relief that may be available and fight for injured workers in workers’ compensation claims, personal injury lawsuits and SSDI claims in Rockford, Champaign, 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.