Posted On: February 18, 2009 by Steven J. Malman

Resolving Your Illinois Workers’ Compensation Dispute

In an ideal scenario, an injured Illinois worker who is injured on the job will receive the proper compensation in a timely manner from an employer for his or her injuries. However, this is not always the case. This is why it is so important that you speak to an experienced Chicago workers’ compensation attorney to discuss your legal options.

To qualify for Illinois workers' compensation benefits, the employee must show that he or she:

• Worked for an employer who is subject to the Occupational Diseases Act or the Illinois Workers’ Compensation Commission.

• Worked for this employer on the date the work accident occurred.

• Sustained injuries or was exposed to hazardous substances while performing work for this employer.

• Has an illness or injury or medical condition that was caused or made worse by the work accident.

• Made sure the employer received the notice of injury or exposure within the time constraints imposed by Illinois law.

However, conflicts over workers' compensation benefits can arise for a number of reasons, including:
• Disputes over the seriousness of an Illinois worker’s disability.
• Disagreements over the injured employee’s average weekly wage.
• Disputes over the necessity of certain medical treatments or procedures.
• Delayed compensation.
• Rejection by the insurer of an Illinois work injury claim.

In certain instances, your case may have to go through the arbitration process before the Illinois Workers’ Compensation Commission in order to be resolved. This process could take a couple of years. In emergency situations, one of the parties may request an emergency hearing, which requires that a final decision be rendered no later than six months after the date the Petition for Review is filed. Sometimes, an injured worker may opt to settle with an employer and its insurance company.

Handbook on Workers' Compensation and Occupational Diseases (PDF)

Related Web Resources:
Illinois Workers' Compensation Commission

Workers' Occupational Diseases Act, Illinois General Assembly

Regardless of which route you choose to resolve your workers’ compensation dispute, Chicago Workers’ Compensation Attorney Steve Malman can fight for you and protect your rights so that you receive all of the benefits you are owed. Contact the Law Offices of Steven J Malman & Associates, PC today.

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