The Illinois Workers’ Compensation system is designed to pay injured workers certain benefits if they are injured on the job. Such benefits may include the payment of lost wages and medical expenses. In many cases, employers dispute employees’ claims for compensation. A denial of one’s workers’ comp benefits can mean significant financial hardship for the injured party and their family. Fortunately, it is possible to appeal an erroneous denial of a claim. The workers’ compensation appeals process can be complicated. It is imperative to handle requests for appeals in strict accordance with the applicable workers’ compensation rules. For these reasons, one should consider retaining an experienced workers’ rights attorney. Damon Young is a Peoria lawyer handling appeals of denied workers’ compensation claims. He is dedicated to providing personalized attention to each of his clients during their case. Contact us today to schedule an appointment. Our firm also serves clients in Bloomington and in other Central Illinois cities.
Peoria lawyer handling workers’ compensation appeals throughout Central Illinois
It is not uncommon for employers or their insurance companies to deny liability in a workers’ compensation case. Disputes can occur in a multitude of circumstances. For instance, the employer may believe that the worker was injured outside of the workplace. They may argue that the claimant is “faking it” just to receive benefits. Other disputes may involve the calculation of one’s lost wages or the reasonableness of medical expenses. Employers may go to great lengths to challenge a workers’ claim for benefits, including hiring private investigators to follow the injured party with the intent to prove they are not actually hurt. Unfortunately, denials of genuine claims can delay or preclude an injured worker from recovering the benefits to which they may be entitled. When the denial is made in error or on unfounded evidence, the claimant may appeal the denial of their claim.
The first step in seeking workers’ compensation is to file a claim with the Illinois Workers’ Compensation Commission (IWCC). After doing so, an arbitrator will be appointed to your case and will issue a decision either approving or denying your request. If denied, it is possible to appeal the arbitrator’s decision to the IWCC. The appeal will be heard by a panel of three commissioners. The commissioners will review the arbitrator’s decision, the transcript of the proceeding, and any evidence presented by the parties during the hearing. No new evidence may be submitted by either party on appeal, however, each may submit a written brief outlining their arguments. Attorneys may also be asked to attend an oral argument, at which they can present their positions to the panel. The Commission will either affirm or overturn the arbitrator’s decision. The Commission’s decision will be final in the case of state employees. IWCC rulings for non-state employees may be appealed to the circuit court in the county where the injury occurred. This decision may be further appealed to the appellate court and, if granted permission, to the Illinois Supreme Court. Very few cases are appealed to this level. Most are resolved much earlier in the process at the IWCC level or through settlement agreements reached by the parties. The appeals process can be complicated and it is strongly suggested that you retain an experienced attorney to assist you.
Damon Young is a Peoria workers’ compensation appeals lawyer handling matters on behalf of injured Illinois workers. Once retained, he will see your claim through from start to finish. Damon understands the type of evidence needed to support an employee’s case and will work with you and your treating physicians to gather this information. Damon will determine whether your case is able to be appealed and prepare supporting documentation and written briefs for the Commission. When necessary, he is prepared to appeal your case at all levels of Illinois’ court system. Damon is also skilled in negotiating settlement agreements on his clients’ behalf when doing so may result in a positive outcome. We understand that this is a difficult time in your life and we will do everything in our power to assist you. Contact us today.
Peoria lawyer handling a variety of workers’ compensation appeals
Whether your claim has been denied based on the issue of much-needed lost wages, permanent versus temporary disability, challenges about the cause of the injury, or other grounds, our office is ready to assist you. Appealing a workers’ compensation claim can involve complex legal rules and arguments. Our lawyer has the experience necessary to handle your case. He prioritizes attorney-client communication and will keep you informed about the matter each step of the way. He strives to promptly answer client calls and emails to address their questions and concerns. If you or a loved one needs help obtaining workers’ compensation benefits, contact our office today to schedule an appointment.
In addition to Peoria, our attorney also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
