Guiding Injured Workers Through Workers’ Compensation Court Proceedings
Although injured workers are generally entitled to workers’ compensation benefits, in many cases, workers’ compensation claims are initially denied or reduced. If you have had your workers’ compensation claim denied or reduced, you may wish to file a claim with the Illinois Workers’ Compensation Commission.
The process of obtaining appropriate workers’ compensation benefits can be a difficult process for some injured workers. Filing a claim with the Illinois Workers’ Compensation Commission often involves several hearings and an administrative review process, with strict procedural requirements and time limitations. Although workers’ compensation court proceedings can be overwhelming, the workers’ compensation attorneys at Taradash Johnson Janezic will guide you every step of the way and advocate on your behalf at your workers’ compensation court proceedings.
Contact our office at 815-669-4635 to schedule a free consultation with one of our Illinois workers’ compensation lawyers.
Workers’ Compensation Claim Process
If you are injured in a work-related accident, you must first notify your employer of the accident, injury, or illness. Although injured workers are generally entitled to workers’ compensation benefits for on-the-job injuries and illness, they are also required to file their claim for workers’ compensation benefits.
If the employer or its insurance carrier refuses to pay workers’ compensation benefits or reduces the amount of the workers’ compensation benefits, an injured worker can file a claim with the Illinois Workers’ Compensation Commission by submitting three copies of the Application for Adjustment of Claim, along with proof that the application was served on the employer.
After the Application for Adjustment of Claim is received by the IWCC, the claim will be assigned a case number and an arbitrator. Every three months, the case will automatically be set for a status call, during which the parties may request a trial. If no trial is requested, the case is continued for another three months until the next status call.
Once the trial is set, the arbitrator will conduct a hearing during which the injured worker and the employer will have the opportunity to present evidence to support their position. Once the arbitrator issues his or her decision, both parties have the right to appeal the decision. If the arbitrator’s decision is appealed, the case will move to a panel of three commissioners who will review the arbitrator’s decision, the available evidence, and the trial transcript. The commissioners will also hold another hearing during which the parties may present a brief argument to support his or her position. The commissioners will issue their decision within 60 days of the hearing. Parties who are dissatisfied with the commissioners’ decision can generally appeal the case through the Illinois court system.
Because there are often a number of court proceedings involved with pursuing a workers’ compensation claim, it is helpful to enlist the help of an experienced workers’ compensation lawyer. The work injury lawyers at Taradash Johnson Janezic focus on helping injured workers get maximum compensation for their injuries, which often requires appealing the claim through the Illinois workers’ compensation court system. As a result of our experience handling workers’ compensation cases, we have an intimate understanding of what goes on during workers’ compensation court proceedings. We will prepare you for the hearings in advance, ensure that you have adequate evidence to support your claim, and advocate on your behalf during the proceedings.