19(b) Petition For Immediate Hearing

We are experienced Illinois attorneys who since 2001 have helped tens of thousands of injured Illinois workers. Contact us for a free consultation with a lawyer any time.

What is a 19(b) Petition for Immediate Hearing in Illinois?

A 19(b) petition for immediate hearing is a legal filing that allows an injured worker in Illinois to seek an expedited trial from an Illinois Workers’ Compensation Commission (IWCC) Arbitrator when they are not receiving the benefits they are entitled to under the Illinois Workers’ Compensation Act. This petition is used when there is an urgent need for resolution, such as when an employer or insurance company denies benefits, delays off work (TTD) payments, or refuses necessary medical treatment.

The purpose of a 19(b) petition is to ensure that injured workers do not suffer unnecessary financial hardship while waiting for their case to be fully resolved. Instead of waiting months or even years for a final decision, a 19(b) hearing allows the worker to present their case sooner and potentially secure benefits more quickly. It doesn’t decide the whole case, but does decide if your injury is work related and if benefits are owed. The Arbitrator can order the insurance company to pay for your medical care like a surgery or for your time off work.

When Should You File a 19(b) Petition?

A worker might file a 19(b) petition if:

• Their employer or insurance company denies the claim with or without justification.
• Temporary Total Disability (TTD) benefits are not being paid, despite a doctor’s orders stating they cannot work.
• Necessary medical treatment is delayed or denied, preventing recovery.
• The employer refuses to approve surgery or other essential medical procedures.
• Your doctor is in your corner in recommending medical care or that you be off work.

To file a 19(b) petition, the injured worker (or their attorney) must submit the petition to the IWCC, along with supporting evidence such as:

• Medical records proving the severity of the injury and the needed treatment.
• Doctor’s notes restricting work or recommending treatment.
• Wage records showing lost income due to the injury.
• Proof of benefit denials from the insurance company.

After filing, a hearing is scheduled before an IWCC Arbitrator, who will determine whether the worker is entitled to benefits. If the Arbitrator rules in favor of the worker, benefits are ordered to be paid immediately although the employer can appeal.

Why You Need an Attorney for a 19(b) Petition?

Successfully filing and winning a 19(b) petition requires someone with trial experience.  Having an experienced Illinois workers’ compensation attorney will greatly increase the chances of success. An attorney can:

• Gather and present strong medical evidence to support the claim. These records must be obtained by subpoena.
• Ensure all paperwork is filed correctly and on time.
• Present your evidence to the Arbitrator.
• Argue against any legal defenses used by the employer or insurance company to deny benefits.
• Write a proposed finding after the trial that argues your position.

Beyond that, before a trial happens, there will be depositions of your doctor, the IME doctor and also likely a pre-trial. A good attorney can often get things resolved without a hearing.

Insurance companies make money by screwing over workers. A 19(b) petition is the strongest tool lawyers have to fight back and get you justice. If you’d like our help in getting a strong attorney in your corner to look out for you, please call us any time at 312-346-5320.