What Is Apportionment in Workers’ Comp Claims?

 Posted on August 21,2024 in Workers’ Compensation

With few exceptions, Illinois law requires employers to provide workers’ compensation insurance policies for their employees. These policies offer benefits to workers injured on the job or while doing job-related tasks. Unlike personal injury claims, a workers’ comp claim is not fault-based. That means you do not have to prove how and why your accident happened to receive benefits.

Most insurance companies are reluctant to pay claims, and those providing workers’ comp policies are no different. They may try to use apportionment to reduce your compensation. Unless you have an experienced lawyer from Salvi & Maher, LLP on your side, they may get away with it.

What Is Apportionment?

When referring to workers’ comp claims, apportionment is a division of benefits based on proportional liability. Although you do not have to prove the cause of your accident, liable insurance companies may try to manipulate the circumstances and state that either your injury did not happen at work or that your work injury is not totally responsible for your condition. If the latter happens, they will likely pay you only for a portion of your benefits.

Suppose you injure your back at work, and your workers’ comp weekly wage benefits are $1,000. The liable insurer may state that only 50 percent of the injury resulted from work-related duties, with the other half being your responsibility. If you do not dispute this assertion, the company will only pay you $500 because of apportionment. Potential insurance company statements include:

• A pre-existing condition is the true source of your current injury, with your incident at work only aggravating or exacerbating your old injury. An exacerbated injury is temporarily worsened, while an aggravated injury is a permanent condition.

• You hurt your back when playing football with your son, yet claimed it happened at work.

• Some of your back issues occurred at work, and the remaining portion occurred during your weekend football game.

• You are not injured.

Whatever the nature of your work-related injury or illness, insurers are likely to blame them on another cause to avoid paying your claim. Fortunately for you, you do not have to fight these situations alone.

How Can Salvi & Maher, LLP Help With Your Workers’ Comp Claim?

Our firm has decades of experience handling personal injury and workers’ compensation cases. We can help you by investigating your accident, communicating on your behalf, arranging for medical examinations with physicians who can provide testimony to support your claim, and working toward getting you the full benefits you deserve.

Schedule Your Free Consultation Now With Our Skilled Waukegan, IL Workers’ Comp Lawyers

On-the-job injuries and illness can take a significant toll on your health, finances, and quality of life. At Salvi & Maher, LLP, we want to help you deal with those burdens. Call us at 847-662-3303 today for your free consultation with one of our dedicated Lake County, IL workers’ compensation attorneys.