While workers’ compensation is available to many employees in the state of Illinois, sometimes there are cases where workers are denied these benefits. If you were injured at work and filed a workers’ comp claim, yet it was denied, you should contact your employer and find out why they haven’t approved your medical benefits or those for your lost wages from being unable to work. One reason why employers decide to deny workers’ compensation benefits is because they might not be in agreeance that your injury occurred while you were on the job.
How can I appeal a workers’ compensation claim if I work in Aurora, Illinois?
When an employer decides to not provide you with benefits for your work-related accident, you can file a claim through the Illinois Workers’ Compensation Commission (IWWC) to request a hearing in front of an arbitrator. This arbitrator will act as a judge and will hear both sides, yours and your employers. They can then make a decision based on the information provided as to whether your employer is required to provide you the workers’ comp benefits you are demanding.
This process might be difficult to process, especially if this is your first time dealing with such a circumstance. The Aurora, IL accident lawyers featured on USAttorneys.com can help you with this so you don’t feel alone and confused.
What compensation is available if my employer is uninsured?
The Injured Workers’ Benefit Fund(IWBF) is something that was created back in 2005 and it is a place where money is stored from fines and penalties collected from uninsured employers. The IWBF uses this money to help pay injured workers who are unable to collect from their employer.
In order to be eligible to receive workers’ compensation benefits from the IWBF, you must meet the following criteria:
- Your employer has failed to:
- Provide you with workers’ comp insurance coverage for your injury.
- “Failed to pay the wc benefits due and owing to the injured employee under the final award.”
- The injured employee has:
- Filed an Application for Adjustment of Claim with the Commission, naming the employer.
- Joined the State Treasurer as a party respondent on the application.
- Served a copy of the application to the Treasurer.
- “Notified the Treasurer of all proceedings in accordance with Commission Rules and all other applicable court rules.”
- Received a final award granting them workers’ compensation benefits.
- Sent the Commission the Request for Benefits form within 90 days after receiving the final award.
This form can be mailed to the following address:
Injured Workers’ Benefit Fund
Division of Insurance Compliance, Illinois Workers’ Compensation Commission
100 W. Randolph St., #8-200
Chicago, IL 60601.
It is important that if you aren’t able to collect workers’ comp benefits from your employer that you take advantage of the help the IWBF offers. However, there may be other requirements that permit you to receive these benefits so it is best that you contact the department handling the IWBF directly. Our accident attorneys in Aurora, IL can also assist you with this and help you determine if you meet all the requirements set forth to obtain these benefits.
Getting injured in an accident that occurred at work places you and even your family at a physical and financial disadvantage. It is important that you receive what is rightfully due and that is one thing our dedicated and aggressive accident attorneys in Aurora will do for you.