By Steven A. Edelman, Illinois workers’ compensation trial attorney
314-631-6777, Ext. 14
If you have an Illinois workers’ compensation case, then your case will typically follow the below timeline.
- Step 1: The injured worker suffers a work injury while in the course and scope of your employment. See Illinois Workers’ Compensation Act law 820 ILCS 305/6
- Step 2: The injured worker makes a written or verbal report of the work injury to the employer within 45 days of the date of the work injury. See Illinois Workers’ Compensation Act law 820 ILCS 305/6(c)
- Step 3: The injured worker then makes their first choice of medical provider to obtain medical treatment for the work injury. The injured worker must inform the workers’ compensation insurer and employer of their chosen medical provider. Your workers’ compensation attorney will give notice to the employer/insurer of the chosen medical provider. The choice of the medical provider is not made until the injured worker actually presents to the medical provider in an appointment. The employer/insurer will then provide and pay for this chosen medical provider through workers’ compensation. See Illinois Workers’ Compensation Act law 820 ILCS 305/8
- Step 4: The injured worker obtains medical treatment from their chosen medical provider until the medical provider releases them from medical care.
- Step 5: The injured worker completes authorized medical treatment, and the injured worker is released from all medical treatment per the order of the employee’s chosen treating doctor.
- Step 6: Once the injured worker’s chosen doctor has released the injured worker from medical treatment, typically the employer/insurer will obtain an independent medical evaluation (IME) from their own separate chosen doctor. This evaluation is a called a Section 12 examination, named after the section of the law where it is discussed. The employee must attend the employer’s/insurer’s Section 12 exam. See Illinois Workers’ Compensation Act law 820 ILCS 305/12
- Step 7: During this time after the injured worker is released form medical treatment, your workers’ compensation attorney will negotiate potential settlement of the injured worker’s case.
- Step 8: Pre-Trial If the parties are unable to settle, then typically a trial request is submitted. Prior to a trial, the parties are required to attend a Pre-Trial conference with the Arbitrator (Judge). Your workers’ compensation attorney along with the employer’s/insurer’s, defense attorney will then attend Pre-trial. The arbitrator will give a recommendation of the value of the case based on the medical records, and all other relevant information. The arbitrator will also potentially resolve any other disputed issues or negotiation brought before the arbitrator. The arbitrator’s recommendation is not binding on any party. If you obtain a high settlement recommendation to settle your case from the judge, the employer does not have offer the high recommendation. Likewise, if you receive a low recommendation from the judge, the the injured worker does not have to agree and accept a settlement for the low recommendation.
- Step 9: If the both the injured worker and the employer agree on the judge’s pre-trial recommendation, then the workers’ compensation case can be settled. If the parties do not agree on settlement at the time of the mediation, then the case will proceed to trial.
- Step 10: Trial: If the parties can not settle the worker’s compensation case, then the case will proceed to trial in front of a Judge. There is no jury in a workers’ compensation case. The trial typically last a few hours to one day. Some trials can last more than one day. See Illinois Workers’ Compensation Act law 820 ILCS 305 et seq.
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under Illinois workers’ compensation law. Call us for a free consultation: 314-631-6777, Ext. 14
Steven A. Edelman, Attorney