Workers’ Compensation Hearings for FedEx Drivers
You may have assumed that your workers’ compensation claim was straightforward: you got hurt on the job and you should receive benefits. It can be emotionally difficult and financially stressful to receive a denial of your claim after getting into an accident or suffering repetitive stress injuries or illness while at work. Our seasoned Chicago workers’ compensation lawyers may be able to request a workers’ compensation hearing to contest a denial of benefits. You should call the experienced Chicago workers’ compensation attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for a consultation. We have more than 60 years of experience protecting workers’ rights.What Happens at a Workers’ Compensation Hearing for a FedEx Driver?
FedEx’s insurer needs to let you know whether your claim will be honored once they receive it from your employer. As a FedEx driver who experiences a significant or catastrophic injury, you will likely need to immediately stop working after an accident. You may start to receive benefits right away, but FedEx’s insurer may continue to investigate. If your claim is ultimately denied, or your benefits are terminated without warning, you may be anxious about how you’ll pay bills, and keep a roof over your head. It’s important to talk to an attorney and seek legal representation for a workers’ compensation hearing before the Illinois Workers’ Compensation Commission to contest a denial.
Insurers issue denials for a range of reasons including the belief that your injury isn’t work-related, you are exaggerating your injuries, you didn’t provide notice within the appropriate window of time, or you have a pre-existing condition. You should not assume that a denial is valid. We may be able to represent you in a hearing to challenge a partial or full denial of benefits.File an Application for Adjustment of Claim with the IWCC
If your claim is denied, we can file an Application for Adjustment of Claim [link to Application for Adjustment of Claim] with the Illinois Workers’ Compensation Commission. This must be filed within 3 years of your injuries or within 2 years of the last payment FedEx made to you. It can be appropriate to consult us to file an Application even though you are receiving temporary total disability benefits or medical benefits because having an Application on file can expedite matters in the event of a denial.
An arbitrator is assigned by the Illinois Workers’ Compensation Commission once we file an application. We can appear for you at the periodic status calls until we request a hearing on your behalf, or a settlement is reached.What Happens at a Workers’ Compensation Hearing?
At a workers’ compensation hearing, the arbitrator that is assigned to the case will listen to arguments and consider evidence submitted by you, FedEx and its insurer in an administrative proceeding that has some elements in common with a trial. In some cases, the hearing is about whether you deserve benefits but in other cases, FedEx may concede some benefits should be paid while contesting others.
Your own testimony may be part of the hearing. Our lawyers can prepare you for this testimony. It may be about whether you can work or the extent of your injuries. You may be asked questions about how you were injured if the insurer disputes that your injuries are work-related.What is an Emergency Hearing?
Our lawyers may be able to file a 19(b) petition to obtain an immediate workers’ compensation hearing. While your case would normally appear for a status hearing every 60 days, a 19(b) petition allows us to get certain issues from your case in front of an arbitrator earlier than an ordinary request. Once the petition is filed, the FedEx insurer will have 15 days to respond to it, and a hearing is scheduled in front of an arbitrator.Call Us About Your Workers’ Compensation Hearing
If you need an attorney for a workers’ compensation claim as a FedEx driver, give our law firm a call. We represent FedEx workers in Aurora, Champaign, Rockford, Quincy, as well as Sangamon, Winnebago, Kane, Cook, and Adams Counties. We also represent clients in third party lawsuits and Social Security Disability Insurance (SSDI) claims. Call our Chicago office at 312-263-6330 or 800-444-1525 or complete our online form.