Common Reasons for a Denied Workers’ Comp Claim in Chicago

News of a denied workers’ comp claim can be crushing for injured workers in Chicago. For many, the workers’ compensation system represents a crucial source of financial support. Without it, workers face an uncertain future filled with costly medical expenses, missed paychecks, and psychological issues. The first step in approaching a denied claim is to understand why it was denied. An experienced workers’ compensation lawyer in Chicago can help you with this.

Intoxication 

Intoxication is a common reason for a denied workers’ comp claim. Many employers carry out mandatory drug/alcohol tests after major accidents. If you test positive for alcohol or prohibited substances, you could find it difficult to pursue the compensation you need. While workers’ comp is a “no-fault” system, there are exceptions. Intoxication is one of these exceptions, and your lawyer may be able to help you call the test result into question.

Some of the most common situations involving workplace intoxication involve motor vehicles. For example, you might have provided a breath sample with a BAC level of over 0.04 as a trucker. Remember, the BAC legal limit is lower for commercial drivers compared to average citizens. Alternatively, construction workers and other employees may be subjected to drug or alcohol tests after major accidents – even if they were not driving vehicles.

 Horseplay 

Horseplay represents another exception to the “no-fault” system of workers’ compensation. Your claim might be denied if your accident occurred after you were allegedly playing some kind of game with other employees. This might involve playfighting, throwing objects at one another, and similar pastimes. It may be relatively easy to fight a claim denied on the basis of horseplay. Courts have ruled that it is unreasonable to expect workers to behave like robots, and some degree of joviality/lightheartedness is inevitable among American employees.

 Misclassification 

One of the most common reasons for denied workers’ compensation claims is something called “misclassification.” This is a violation of employment law, and it occurs when employers knowingly classify their employees as independent contractors. While employees qualify for workers’ compensation, independent contractors do not. Employers know this, and they may attempt to hire contractors instead of employers to reduce insurance costs.

However, some independent contractors are actually employees – even if their employers put them in the wrong classification. If you believe you might have been misclassified, speak with a workers’ comp lawyer. It may be possible to pursue a workers’ compensation claim even if you are not an “official” employee. You may also take this action after your claim is denied.

Can a Workers’ Comp Lawyer in Chicago Help With Denied Claims? 

Workers’ compensation lawyers in Chicago may be able to help if your claim was denied. First, your lawyer can help you understand why your claim was denied. Next, they can help you push back with various strategies. To learn more about your next steps, consider contacting Connolly Injury Law today.

Sources:

 iwcc.illinois.gov/

ides.illinois.gov/employer-resources/taxes-reporting/employee-misclassification.html