How To Pursue Workers’ Compensation For Your Injury
Workers' Compensation can seem intimidating or confusing, but it doesn't have to be that way.
When things work like they’re supposed to, pursuing workers’ compensation is not all that complicated. There’s a bit of paperwork involved, but you should be receiving compensation for your expenses in no time. Unfortunately, it doesn’t always work so smoothly and pursuing workers’ compensation requires the assistance of Chicago personal injury lawyers.
In this post, we’ll provide a quick overview of how the process is supposed to work, and how to pursue compensation when you have a disputed claim.
No Disputed Claim?
If you have an undisputed claim, you simply notify your employer of the incident, fill out their paperwork, and go to the doctor. It’s as simple as that.
The problem is that a case can seem clear cut to you, but once the Workers Comp insurance gets involved, they often fight these cases. They find reasons and sometimes, it seems like they almost make up reasons.
A completely undisputed Workers Comp claim is very rare, unfortunately.
The Disputed Claim Filing Process—Filing A Claim
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.
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.
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. Chicago personal injury lawyers know how to navigate the complicated process involved in filing a 19(b) or 19(b-1) petition. These petitions help you get compensation faster, so you’re not stuck with a growing pile of medical bills while your case is settled.
Even though the process is designed to be streamlined compared to a full Jury trial, it is still complex and you would benefit from speaking with an attorney. Just make sure to choose a Worker Comp lawyer who has great reviews and is well liked by his clients.
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