Timeline For a Workers’ Compensation Case in Illinois

If you or a loved one has been injured on the job, you are likely wondering what to do next. You should know that each Illinois workers’ compensation case is different but below is a general outline of the process. It is not necessarily chronological and your case may differ at certain points, but the below should give you an idea of what to expect and what to do next. If you have any questions about this process or would like an Illinois workers’ compensation attorney referral please contact us.

At First
- The injury or accident occurs – You have had an accident on the job (like a burn or broken limb) or have discovered that you are suffering an injury due to repetitive trauma (like carpet tunnel syndrome).
The next three steps can, of course, occur simultaneously.
- You let your employer know – You are required to notify your employer within 45 days from the time you come to know or reasonably should know that you were injured on the job. It is highly recommended that you let your employer know you were injured as soon as possible.
- You seek medical attention – It is highly recommended that you seek medical treatment as soon as you know you have been injured and your employer is responsible for 100% of all reasonable and related medical bills, including co-payments. The longer you wait to do this, the harder it is to prove that medical treatment is related to a work injury.
- You hire an attorney – In Illinois, workers’ compensation attorneys are paid on a contingency basis – in other words, if they secure a settlement at the end of the case for you, they are paid from that amount. So, don’t worry about the cost of hiring an attorney. Rather, hire one to fight for you and ensure that you are getting all of the benefits you are entitled to while you focus on your recovery.

During the process
- You are paid for lost or decreased wages - In addition to paying your medical bills, your employer is required to compensate you for the decrease in your wages if, while you are on the mend, you are unable to go back to your prior job and there is no alternative position with your employer that would accommodate your injury. This compensation for lost wages while you are out of work is referred to as temporary total disability benefits. Typical payment (known as TTD benefits) is 2/3 of your wage tax free.
- You may be asked to partake in an independent medical examination - You should be aware that, at any time, your employer may require that you be examined by a physician of their choice.

Resolution and Settlement
- Maximum medical improvement – There will come a point when your doctor will advise you that your condition is as improved as it will get and you will be discharged from their medical care with no need for further treatment.
- Negotiation - Once your medical treatment is complete, your lawyer will review your medical records and attempt to negotiate a settlement.
- Arbitration - If your employer has not been paying your medical bills or wage compensation and negotiations have not resolved the matter, your lawyer will file a petition for arbitration. An arbitrator will then hear and resolve the dispute. If a settlement is not reached, the case may be arbitrated and if you or your employer is not satisfied with the outcome of arbitration, you or they can file an appeal to a three panel board of Commissioners that will conduct a review. Appeals after that will go to the Circuit Court, Appellate court and then possibly to the Illinois Supreme Court. Most cases do settle.

You are likely wondering how long the entire process takes. There is no definitive answer to that question because it depends on the nature and severity of your injury and what occurs along the way (Is the insurance company cooperative? Was your medical treatment successful? Etc.). An experienced Illinois workers’ compensation attorney will advise you on the best course of action during the process and further advise you at what you can expect based on your individual circumstance. That is why it is highly recommended that you seek the advice of an attorney early on. The best lawyers get their case organized and ready for trial if need be. This usually motivates an insurance company to make a fair offer or otherwise gets you your day in court.

We know attorneys in your area who are experienced in workers’ compensation cases. We can direct you to one who will be the right fit for you. Call us. We are free, we are confidential and we will treat you like a family member as we try to help you.