Milwaukee, WI asked in Workers' Compensation for Illinois

Q: How long after a claim does the insurance company/employer have to deny the claim?

I filed a claim and have had surgeries and am in a rehabilitation facility for almost a month now. I have been receiving pay from the insurance company every two weeks, but I am wondering what the time limit is for them to officially approve or deny the claim.

Is it a good sign that they have been giving me the pay checks, or is that normal and something I would be responsible for reimbursing them for if denied?

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1 Lawyer Answer
Steve McCann
Steve McCann
Answered
  • Chicago, IL
  • Licensed in Illinois

A: The answer as to how long the insurance company has to officially approve or deny your claim is that it depends. If the claim was not filed properly, they can wait until after the statute of limitations has run to deny your claim. It is not necessarily a good sign that they have been paying for your temporary wage loss, as they are obligated to do so. Were you injured during the course of employment? In any event, I would not take any more action on this case without consulting with an attorney. A knowledgeable attorney will review the facts of your case, ensure the case is filed properly, and will be able to answer all of your questions throughout the recovery process. Also, assuming your case is a workers' comp case, attorneys will take your case on a contingent basis, meaning you will not have to pay anything out of pocket for legal services. The insurance company will not take you seriously until you are represented by counsel.

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