What is Worker's Compensation? Part II

Filing a Workers' Comp Claim Against the Employer

If the employer denies an injured worker benefits, then the worker can file a claim against the employer with the Commission. In most cases, workers have three years from the date of injury to file a claim with the Commission.

When the Commission receives a new claim, it will assign an arbitrator to handle the case. Once an arbitrator has been assigned, then the worker or the employer can request a hearing (referred to as a trial) to determine if benefits should be paid. At the trial, the burden is on the worker to explain why he or she is entitled to workers' comp benefits. This often involves the use of expert witnesses, including physicians, to testify about the extent of the worker's injury. While it is not necessary for a worker to have an attorney represent him or her at this hearing, most injured workers have a lawyer handle their claim for them.

Once the trial is over, the arbitrator will issue his or her opinion within 60 days.

Appealing the Arbitrator's Decision
Either the employer or the worker may appeal an unfavorable decision by the arbitrator. Appeals are heard by a panel of three commissioners. The party appealing the decision has the burden to prove why the arbitrator's decision was incorrect during a hearing referred to as "oral arguments." Once the oral arguments are completed, the panel has 60 days to issue its opinion.
Workers who are employed by private employers may appeal the panel's decision in the Illinois court system. Public workers — those who work for a state or local government office or agency — cannot. For these workers, the panel's decision is final and binding.

Contact an Experienced Workers' Compensation Attorney
There are many reasons why workers may need to seek intervention of the Illinois Workers' Compensation Commission. In some cases, it may because their employer denied their initial benefits request. In other cases, it may be because the worker and the employer cannot agree on the extent of the worker's disability, which treatments are "medically necessary" or when the worker has reached maximum medical improvement.
If your employer has denied your request for workers' comp or has stopped paying your benefits, contact an attorney knowledgeable in workers' compensation law to learn more about your legal options.

Disclaimer: All data and information provided on this site is for informational purposes only. Franks, Gerkin & McKenna, P.C. makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis and is not intended as legal advice. Even though Franks, Gerkin & McKenna is a law firm and the information on the blog relates to legal topics reading this blog does not create an attorney client relationship. By using the blog, you agree and understand that the information does not constitute legal or other professional advice and no privileged relationship is created. Do not consider the blog a substitute for legal advice from a qualified attorney.