Why Hasn’t My Illinois Workers’ Comp Case Settled Yet?

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Delays in workers’ compensation cases can be extremely frustrating. Injured employees often expect that once their medical treatment ends, their case should quickly resolve. However, settlement timelines vary widely depending on the details of the injury, the insurance company’s position, and how the case is handled. Almost every Illinois work injury should result in a settlement, but some take longer than others.

In Illinois, most cases settle within a reasonable timeframe once treatment has wrapped up and the worker’s condition has stabilized. But in some situations, cases can remain open for years. If your claim has dragged on much longer than expected, here are some of the most common reasons why.

Common Reasons for Settlement Delays

• Ongoing or Major Medical Treatment
  If you suffered a serious injury that required multiple surgeries or long-term therapy, your case may not be ready to settle until treatment is complete and your condition has reached maximum medical improvement (MMI).
• Disputed Claims Requiring Trial
  When the insurance company disputes part or all of your claim, settlement may only come after trial preparation. This process includes depositions of doctors, collection of records, and other formal steps that take time.
• Attorney Inexperience or Inaction
  Unfortunately, not all attorneys handle cases diligently. Some rarely take cases to trial, and others delay pursuing settlements for strategic (or sometimes careless) reasons. Since attorneys are only paid when clients recover money, their inactivity is often a sign of inexperience, neglect, or being overwhelmed with too many files.
• Multiple Injuries
  If you sustained more than one work-related injury, insurers may wait to resolve both cases together.
• Employment and Work Restrictions
  If you are unable to return to work or cannot find employment within your medical restrictions, settling too early may lower the compensation you ultimately receive. Attorneys sometimes delay settlement to get a better long-term result.
• Unreasonable Insurance Offers
  Insurance companies are not required to make settlement offers. Some deliberately delay or refuse to present fair amounts, forcing the case toward trial.
• Medicare Set-Aside Issues
  If Medicare benefits may be involved, special arrangements must be made to protect Medicare’s future interests. Negotiating and approving these arrangements can significantly extend the settlement timeline.
• Administrative Delays
  Something as simple as a new claims adjuster taking over the file can slow down progress.
• Insurance Company Bankruptcy
  In rare cases, if the insurance carrier goes bankrupt, the claim may be transferred to the Illinois Insurance Guarantee Fund. This often adds years of delay before resolution.

If your case is medically and legally ready to resolve but you still do not have a fair settlement offer, your attorney must prepare the case for trial. This includes taking depositions of your treating physicians and subpoenaing medical records and billing information. The attorney must also identify witnesses and prepare them as well as file the appropriate trial motions with the Illinois Workers’ Compensation Commission.

Being fully prepared for trial often forces the insurance company to present its best settlement offer. If no offer is made, a trial decision may be the only way to get the benefits you deserve.