Common Factors that Can Complicate a Workers' Compensation Claim

Last updated 4 months ago

Though all workers are entitled to workers’ compensation benefits if they are injured on the job, claiming those benefits is not always easy. Your employer may try to deny you the compensation you need based on one of the following factors:

  • Preexisting medical condition. Your employer may attribute your injury to a preexisting illness or an old injury, or your employer may insist that this prior condition or injury exacerbated its severity unnecessarily. This is often untrue, and a qualified workers’ compensation attorney can help you discredit these accusations to get the payment you need.
  • Employment status. Independent contractors are generally not covered under an employer’s workers’ compensation plan; however, Illinois recognizes a narrow definition of independent contractor. If your employer can control factors like when you work or whether you wear a uniform, you are not an independent contractor for workers’ compensation purposes. Determining your employment status for these purposes is difficult, and your employer may try to prove that he is not obligated to pay your workers’ compensation insurance.
  • Defective products. When injured on the job, you deserve workers’ compensation benefits; however, these benefits will not always cover all of the costs of your injuries. If your injury was caused by a defective tool or other product you were working with, you may also be able to take legal action against the manufacturer. This is a type of third-party claim that requires the assistance of an attorney.
  • Outside party. Accidents in the workplace are not always caused by factors related to your job. For example, an outside company responsible for cleaning and maintaining the building where you work could forget to clear ice from the outside steps, causing you to fall. This is another type of third-party claim, and its complexities require an experienced attorney to assist you.

Malman Law knows that a workplace injury can change your life, especially if you have trouble obtaining workers’ compensation benefits. To discuss your legal options for getting the benefits you deserve, call (312) 983-6193.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

  • Loading comments... Spinner
Do you like Malman Law?

Free Case Evaluation

To learn more make sure to call Malman Law at 312.985.9273 today!


  • Recent Posts
    • Loading posts... Spinner
  • View All
  • Recent Comments
    • Loading comments... Spinner
  • Related Links
  • Popular Tags
    • Loading tags... Spinner