What Form Initiates the Workers’ Compensation Legal Process?

After your workplace accident, you may be very disappointed when your employer’s insurance carrier denies your workers’ compensation claim, refuses to pay for your medical bills, or otherwise disputes necessary financial aid. However, you must not let this initial pushback stop you from pursuing the benefits to which you are entitled. Instead, we encourage you to protect your legal rights by formalizing this dispute. With that being said, please read on to discover the form you need to initiate the workers’ compensation legal process and how one of the seasoned Illinois workers’ compensation benefits lawyers at The Law Firm of Kevin A. Moore can guide you through this.

What form do I need to file to initiate the workers’ compensation legal process?

Essentially, the key form for initiating the workers’ compensation legal process is an Application for Adjustment of Claim. And this must be filed with the Illinois Workers’ Compensation Commission (IWCC). 

Of note, you may do so through the Iowa Division of Workers’ Compensation’s (DWC) mandatory web-based electronic filing system, known as the Workers’ Compensation Electronic System (WCES). You may continue to use this platform to track the status of your case and receive notifications of agency decisions. 

It is also worth mentioning that you likely have a deadline for filing this form. Under typical circumstances, you may be granted three years from the date of your injury or two years from your last workers’ compensation payment. Importantly, this is different from your employer notice deadline, which is usually 45 days from the date of your accident or injury. 

What evidence should supplement my Application for Adjustment of Claim?

First of all, you may be expected to file three copies of your Application for Adjustment of Claim, with your signature being notarized for each. You may also have to show proof of service to your employer. It is best to consult with your lawyer on how to execute these actions. 

From here, just like with any other formal legal petition, you must establish why you are entitled to your request for compensation. This means supplementing this initial form with supplementary evidence. Examples include, but may not be limited to, the following:

• A complete, chronological record of your medical care since the date of your workplace accident or injury (i.e., diagnostic test results, prescriptions, and treatment plans). 
• Payroll records of your average weekly wages before you experienced a workplace accident or injury (i.e., paystubs, tax returns, and direct deposit statements). 
• Written testimonies provided by eyewitnesses of your workplace accident or injury (i.e., confirming your personal narrative of the sequence of events).
• Your employer’s incident report, conducted and filed after your workplace accident or injury (i.e., or proof that your written request to do this was denied or ignored). 
• Statements made by experts regarding your workplace accident or injury (i.e., medical experts confirming the severity of your injuries and their hindrances to your work). 

To make sure you get this right, please confirm every legal step you take with one of the competent Illinois workers’ compensation benefits lawyers from The Law Firm of Kevin A. Moore. We have handled countless cases just like yours, so you can rest assured that we know what we are doing. Reach out to our firm today.