What Is The Illinois Workers’ Compensation Claim Process?
If you were recently injured in a workplace accident in the state of Illinois, the following article will detail the state’s workers compensation claim process.
What is the workers compensation process?
The workers compensation process in the state of Illinois typically proceeds in the following manner:
- You must notify your employer of your injury. The first thing you should do after you suffer a workplace injury is to notify your employer. This is important because you are required to notify your employer (either orally or in writing, though providing a written notification is recommended) within 45 days of a workplace accident in order to preserve your right to collect benefits; a delay of more than 45 days may result in the loss of all potential workers compensation benefits. Make sure that you include the date and place of the accident in your notification, as well as the names of any employees who may have witnessed the accident.
- Filing an application for an Adjustment of Claim. After notifying your employer of your injury, you will need to file a claim with the Illinois Workers’ Compensation Commission (IWCC) to preserve all of your rights under the Illinois Workers’ Compensation Act. To do so, you must either mail or give to your employer an Application for Adjustment of Claim, along with a proof or service stating that you have either mailed or given a copy of the application to your employer. For most injuries, you must file the Application for Adjustment of Claim within three years after your injury but various exceptions also exist. An experienced workers’ compensation attorney should assist in completing this form and providing the most relevant information.
- Your employer must take action on your claim. Once you notify your employer of your injury, your employer must provide you with a list of approved medical providers and must also inform his insurer to begin the claims process. If your injury has resulted in you missing at least 3 days of work, within 14 days, your employer must either accept your claim and start paying you temporary disability payments or send you a letter detailing the reasons why your claim is being denied or delayed. If your employers fails to begin paying you during the proper time period they could be subject to penalties for their failure to take the appropriate steps.
- If your claim is denied, you may consider filing an appeal. If you notified your employer of your injury within 45 days, but your claim was denied, you may file a motion with the IWCC and seek a hearing before the assigned Arbitrator. The Arbitratorwill then hold a hearing and make a determination on your claim based upon all of the evidence gathered to date.
- If your claim is denied, you may consider hiring a workers compensation attorney. If your claim is denied or the processing of your claim has been denied, you will likely need a workers compensation attorney to challenge that denial. A workers compensation attorney can help facilitate the processing of a delayed claim and can assist you with the appeals process.
Do You Have a Workers’ Compensation Claim? Speak to a Chicago Personal Injury Attorney Today
The workers compensation process can be a long and complicated process. You should be entitled to every dollar afforded under the Illinois Workers’ Compensation Act. This is where Connolly Injury Law can help. Our Chicago workers’ compensation lawyers will ensure that your claim is processed in a timely manner so that you receive the compensation you are entitled to.