My Workers’ Comp Claim Got Denied. What Can I Do?

 Posted on February 12, 2025 in Workers' Compensation

Workers’ comp is intended as a safety net for injuries on the job. In fact, it is estimated that at least 91 percent of Illinois employees are covered under the state’s workers’ compensation laws. However, there are cases where claims get denied, leaving injured employees out in the cold. If your claim for compensation has been denied, an Illinois workers’ comp attorney can help you take legal action.

At Rathbun, Cservenyak & Kozol LLC, our lawyers are ready to assist you after a denied claim. As the largest and most diverse firm in Will County, we have the resources to pursue a fair remedy for your damages.

Why Do Claims Get Denied?

What separates personal injury claims from workers’ comp claims is fault. In a workers’ compensation claim, you do not have to prove that anybody else caused your injury to get paid. This means that there are limited grounds on which workers’ comp can be denied. 

If the injury happened off the clock or away from your place of employment, you could be denied compensation. Also, if you failed to report the injury within 45 days, your claim may not have any legal standing.

Not every denied claim is made in good faith. Your boss might falsely claim you were drunk at the time of the accident, or that your injuries came from a pre-existing condition. Even if your claim is denied, you should not give up hope on compensation. A workers’ compensation attorney can dispute the denied claim in arbitration on your behalf.

Arbitration

Workers’ compensation disputes are handled in arbitration, rather than a court hearing. Although the two are very similar, you can think of arbitration as a faster version of court. You and your employer will present evidence and make your arguments regarding the claim, and an arbitrator will make the final decision. Arbitration also tends to be easier to schedule than a court hearing, which means less waiting.

Our attorneys can represent you in arbitration. We can help you collect valuable evidence for your claim, such as a doctor’s report and witness testimony. Our goal during arbitration will be to demonstrate the extent of your damages and why your employer should be obligated to pay for them.

Appeals

If your claim is denied in arbitration, we can file another appeal to advocate for a fair verdict. An appeal must be made within 30 days of your claim being denied in arbitration. Once filed, your appeal will then be brought forward to a panel of commissioners who will review your case.

We can present an argument to the commissioners to point out an error in judgment by the arbitrator. If this appeal is denied, then we are prepared to escalate your claim again in Circuit Court, Appellate Court, and Illinois Supreme Court.

Meet With a Joliet, IL Workers’ Comp Attorney Today

A denied workers’ compensation claim does not mean you are out of options – far from it. A Will County, IL workers’ compensation lawyer at Rathbun, Cservenyak & Kozol LLC can fight for your right to a full remedy. To schedule a free consultation, call our offices at 815-730-1977 today.