Getting workers comp benefits is not automatic, periodically a claim will be denied. If you do suffer a work related injury and your claim is denied you will be asked to defend it. Your chances of a successful defense are far better when you fully understand what your rights are and you are supported by all the correct documentary evidence. It is important to understand the injured worker must take the lead in a workers comp claim, he or she must report the injury right away and seek medical attention. Without a report and without evidence of medical care the insurance company will simply say that there was no injury. If you have followed the rules and you believe your claim is valid but nevertheless it is denied then your recourse is to hire a Chicago workers comp attorney.
An attorney will base his defense on the employee’s rights under the law. The workers comp insurance system is designed to provide anyone involved in an at-work injury with just compensation. The law does not stop at compensation, the employee does not have to pay any medical expenses; they are all paid for with no participation by the injured worker. The system is basically n-fault, there are very few circumstances where the employee can actually sue the employer as all the costs are borne by the insurance. An example of where an injured employee can sue is when the injury is such that it results in permanent disability. The employee is eligible for a portion of his or her wages but as there is pain and suffering involved the injured worker can sue as this award is not available through under workers comp law.
It is mandatory for companies to provide their workers with workers comp insurance. It should come as no surprise to anyone that all insurance companies are motivated by profit and they will make efforts to disprove a claim which, if accepted will allow them to avoid paying compensation. This happens frequently and when it does the affected worker must consult with a Chicago workers comp attorney as soon as possible. The individual and the attorney should be ready to aggressively fight in support of the claim, they must be in a position to prove their claim and this all must be done within the statute of limitations.
Once an attorney is involved you can expect that your fellow workers who may have witnessed the accident will be interviewed. The attorney will gather all the pertinent medical records from the attending doctor and the hospital. Complete details of the accident substantiated with documents and witness statements are of great help in ensuring success.
If you have made a valid claim for workers compensation and the insurance company has denied it then you will need to hire a Chicago workers comp attorney. Go to the Shea Law Group website for more information.
