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There are two types of files that may be useful in your appeal for worker's compensation:
- Your unemployment file, and
- Your personnel file
Unemployment file
This file contains information the Illinois Department of Employment Services used to determine your unemployment benefits. If your application was denied and you want to appeal the decision, you should contact your local unemployment office to request a copy of the file.
You have a right to a copy of everything in your unemployment file. You should carefully review this file before appealing. You may want to use this information in support of your appeal.
Personnel file
Your personnel file refers to information your former employer has. Your personnel file should contain information from payroll and dates of employment. Write a written request to employer for access to your entire file. If your employer refuses, remind them that they are required to give you access to your file. Employers are allowed to charge a fee for providing copies of a file.
Review your file carefully. Determine what information from the file you want to use at your appeal hearing. You need to submit any documents you want to use to both the Referee and your former employer 24 hours before the hearing.
If you do not provide them with copies of these documents, you will not be allowed to use them. The Referee will not consider anything that is not in the record.
Your employer must also send you a copy of any documents they intend to use. If you have not received documents from your former employer a week before your appeal, contact them or the Referee. This will ensure that you have anything that they intend to use. Not all employers will use documents at the appeal, and may simply use witness testimony.
Legal Comment
Legal Comment
Submitted by Lloyd Martin on Wed, 03/29/2023 - 11:45
Submitted by Teri Ross on Tue, 04/11/2023 - 08:05
Lloyd, thank you for your question. This may depend upon the referee conducting the hearing. Referees must provide "fair hearings." See 820 ILCS 405/801; 42 U.S.C. 503(a)(1),(3). you may want to try our Get Legal Help tool to see if you can get some free legal advice from a lawyer. Good luck -
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