Essential Information About Filing a Work Injury Claim

work injury claimWhen you’re injured on the job, you may be entitled by law to get compensation from your employer. Filing an injury claim can be complicated, so it is recommended that you file your claim with the guidance of an experienced attorney. Knowing a few aspects of the filing process can help prepare you for filing your claim.

Filing a Claim is Time Sensitive

There are strict guidelines and deadlines to consider when filing your injury claim. By law, you need to notify your employer within 45 days of your injury, and you have 3 years to file your claim with the Illinois Workers’ Compensation Commission. It is important to note that you still need to notify your employer within 45 days after the injury even when you plan to file a claim with the commission. Once you have filed your claim, an arbitrator will be assigned to your case and you will receive notice of your first status call. These status calls will continue every 3 months for 3 years as long as your case is open.

If Your Injury Claim is Denied

Insurance companies deny claims for a variety of reasons. Under Illinois law, an injury claim can be denied when:

  • The injury occurred during some recreational activity, such as a company softball game.
  • The injury resulted from your own intoxication.
  • You were committing a crime when the injury occurred.

If your injury claim is denied you need to request a hearing during a status call. Keep track of your evidence to prove you are entitled to the benefits you are seeking at the hearing. If after the hearing you are not satisfied with the result, you can appeal.  And, of course, having an experienced attorney will greatly improve your chances of winning the appeal. An experienced attorney can help with gathering the right evidence, negotiating with the insurance company, and representing you in court.  The process of workers’ compensation claims is arduous, but you don’t have to go through filing your claim alone. For expert advice on your workers’ compensation claim, contact Churchill, Quinn, Richtman, & Hamilton Ltd at 847-223-1500.  We serve all Northern Illinois suburbs including Round Lake Beach, Grayslake, & Lake Villa.

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