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How are disputes regarding benefits resolved?
Many disputes arise between the employer and employee during the course of a workers' compensation claim. For example, there may be disagreements about whether the claim is compensable, the nature and extent of injury, whether the injury is causally related to the accident, the type of medical treatment required, or the amount of benefits due.
The first avenue in resolving disputes is negotiation. Skilled negotiators can often arrive at a resolution without the need for a hearing. If the dispute cannot be resolved through negotiation, however, an arbitrator at the Illinois Workers' Compensation Commission will conduct a trial - pursuant to Illinois law and procedural rules set forth by the Commission - and issue a ruling within 60 days. The law also provides for an appeal process, one that can take the case as high as the Illinois Supreme Court.
In a case headed for arbitration, it's certain that the employer will retain legal counsel, if it has not done so already. In preparation for trial, among other things, it is necessary to obtain and carefully analyze all medical records, to conduct doctors' depositions, and to prepare witnesses to testify at the hearing. If you don't have an experienced and capable workers' compensation attorney on your side, you don't stand much of a chance against the insurance company who does.
If you or a member of your family has been injured in a work-related accident, we can help. Contact the experienced workers' compensation attorneys at Drake & Collopy, P.C. online or call us at 312.345.0220, or toll free at 1.888.372.5355, for more information or to schedule a free consultation.
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