Workers’ compensation benefits is a topic that’s often mired in legal complications. Between your employer and the insurance companies, there are many legal hurdles and procedures to overcome.
When everyone follows the rules though, receiving proper compensation is not difficult. It’s only when employers commit fraud or refuse to pay that things get complicated.
If you’re having trouble receiving the workers’ compensation benefits, you deserve to call a Chicago personal injury lawyer right away.
In cases involving a disputed slip and fall claim at work, it’s best to use a Chicago slip and fall lawyer. A legal professional can guide you through the process and give you the best chance of success.
By law, the burden of proof in cases of disputed workers comp claims rests with the employee.
There’s also documentation, hearings and procedures you must know about if you plan to deal with it yourself.
However, it doesn’t hurt to know the process, whether you use a lawyer or not. The Illinois Workers Compensation Commission makes a point to say that filing an accident report does not trigger any action by the Commission.
In addition to your claim, you must follow a series of procedures to request a hearing. There are also several rules applying to these types of cases that can complicate things.
Today, Workers Comp lawyer Scott DeSalvo talks about how to avoid the traps insurance companies set for injured workers in their injury cases. There is no reason to do it alone when help and consultations are free and the information is here for injured workers.
With that said, the following list gives a general overview of the process, but it is not comprehensive:
No Disputed Claim?
The Illinois Workers’ Compensation Commission handles disputed cases of workers’ compensation. However, when things go as planned, there’s no reason to involve either the Illinois Workers’ Compensation Commission or a Chicago personal injury lawyer.
Well, that’s not 100% accurate. EVERY case of an injured worker in Illinois is filed at the Commission. The reason for that is: it is free to file a Workers Comp case.
If things go smoothly, there is no issue. However, if things do not, having a case filed gives us access to the Judge, called an Arbitrator, who can make sure the Company is following the rules and you are getting the benefits you deserve.
As the employee, you simply report the incident to your employer as soon as possible (within 45 days), fill out the proper paperwork and get treatment.
You should also ask your employer if he or she has a preference on the healthcare provider you see, since insurance plans differ in the hospitals or clinics their payments are accepted at.
The truth is that you can go to almost any doctor if you have been injured at work, since almost all doctors and hospitals are perfectly happy to take a case and bill the Workers Compensation insurance company.
The Disputed Claim Filing Process—Filing A Claim
Unfortunately, sometimes things don’t go as planned. Either the employer doesn’t have the insurance they’re supposed to, they want to dispute the claim, or there are issues with the insurance company.
If you or your employer dispute some part of the workers’ compensation claim, you’ll need to file a claim with the Illinois Workers’ Compensation Commission. You might also consider hiring one of the Chicago personal injury lawyers at this point.
In fact, getting a free consultation BEFORE things go back is a really good idea. This is because a lawyer will make sure you get all of your benefits and will also make sure that you get more money than you’d get without one.
There is a strict set of procedures you must follow to give yourself the best chance of receiving the benefits and compensation that you’re entitled to. First of all, you (the employee) file three copies of the Application for Adjustment of Claim and Proof of Service.
The proof of service states that a copy of the application was served on the employer.
While the process, up to this point, may seem simple, small missteps can cause delays in the proceeding. These cases already take a long time to settle, so seemingly small missteps may cost you in the long run.
After the Claim is Filed—Arbitration
Once the claim is filed, you’ll need to request a hearing with an arbitrator. It may take about 3 months to get a hearing with an arbitrator. Missed deadlines for paperwork or meetings will extend that timeline.
If a case is not settled in arbitration, it will go to trial. At this point, it’s vital that you employ a Chicago personal injury lawyer. A good lawyer gives you the best chance of getting the compensation you need and deserve.
At the trial, you must prove which benefits you are entitled to and why. The employer does not have to disprove your claim. The burden of proof lies with the employee.
Completing this process usually takes at least a year, usually more. This is often because all parties must have healed completely by the time a decision is made. However, a Chicago slip and fall lawyer can help you win the best possible outcome for your case.
You can file a 19(b) or 19(b-1) petition which speeds things up. The commission must make a ruling within 180 days when a 19(b) or 19(b-1) is filed. Filing a 19(b) or 19(b-1) has many technical requirements, which a Chicago slip and fall lawyer can help you with.
If you’re in the unfortunate position of being hurt or sick because of an incident at work and you’re not receiving the proper benefits, call a Chicago personal injury lawyer.
A Chicago personal injury lawyer at The Law Office of Scott D. DeSalvo will guide you through the highly technical process of pursuing a workers’ compensation claim.
The Law Office of Scott D. Desalvo specializes in several different legal areas of personal injury and workers’ compensation is one of them.
If you have questions or need more help, give me a call, toll-free, at 888-HURT-318 (888-487-8318). Free, no obligation consultation in person or by phone.
If you aren’t ready to talk to a lawyer, I have created a DVD Injury Video which you can get immediately delivered to your email. Same deal. Free, no obligation.
Just click this link to get the Injury DVD and you will be taken to my website to give your name and email. Then, I will email you the Injury DVD Video:
Want to see the NEWEST injury videos as they come out? Subscribe Now!
I hope this info helps you to find the right lawyer for your needs. If you still have questions, I am happy to answer any questions you have below or give me a call. Thanks for watching!