So you’ve been injured at work. You notified your company, followed doctors orders, and your employer filed a workers’ compensation claim. But it’s been forever, and you’ve still heard and gotten nothing. What gives?
Well, unfortunately, because most people are inexperienced when it comes to negotiating with an insurance company, your employer’s insurance company might be giving you the run-around, in hopes that they’ll make it difficult enough for you to get your compensation that you’ll just give up, and they can keep the cash. Here are a few tactics that the insurance company might be using to avoid compensating you:
Claim that condition was pre-existing
The insurance company may try to say that your injury was pre-existing, not caused on the job. This is especially true for conditions like arthritis, which you may have had prior to the job, but was exacerbated by the work. Even in such instances, your claim may still be valid, especially if the symptoms only occurred after the incident or exposure.
The insurer might say that you were at fault for the injury, so they don’t have to pay. Or they might place the blame on someone else entirely, and say that you should be getting your compensation from them. Illinois law is pretty clear on assigning fault in these cases, so an experienced workers’ comp lawyer will be able to prove their obligation to you.
Minimize injury and need for compensation
They might even say that your injury isn’t as bad as you and your doctor say it is, and hire their own doctor to confirm that opinion. In doing so, they might also say that you aren’t entitled to as much compensation as you’re asking for, or that you’re not eligible for certain types of compensation, like lost wages, insisting that you cover those absences with vacation time or sick leave. An experienced lawyer can help you get a reasonable settlement amount and advise you on the compensation that you are legally entitled to.
The insurance company might stall for as long as possible, claiming that they’re still investigating or that you made a mistake in filing your claim that has caused the hold up.
If you’re experiencing problems getting the compensation you’re owed after an injury at work, it’s time to talk to a lawyer. Contact the experienced attorneys at the Epstein Law Firm to discuss your circumstances today.