Workers’ compensation provides Illinois workers with medical and income replacement benefits when they are hurt in an on-the-job accident. Although workers’ compensation is a “no-fault” system, meaning your employer has to pay regardless of how the accident occurred, that is no guarantee your employer will actually pay when you file a claim. In many cases, the injured employee must take their claim to the Illinois Workers’ Compensation Commission and seek a formal hearing.
The Illinois Workers’ Compensation Arbitration Process
Even if your employer is voluntarily paying your workers’ compensation benefits, it may still be in your best interest to file a claim with the Commission to protect your rights in the future if the employer stops paying. Under Illinois law, an employee must file a claim within 3 years of their injury or 2 years after their employer stopped voluntarily paying workers’ compensation benefits, whichever occurs later.
Once you file a claim and your employer disputes it, that triggers the following process, which can lead to a formal hearing:
- The Commission assigns your claim a case number and assigns an arbitrator.
- The arbitrator will conduct a “status call” with you and your employer every three months (roughly 90 days). During this call, either you or your employer can request a formal hearing. Keep in mind, a workers’ compensation arbitrator cannot actually resolve your case until you have reached “maximum medical improvement” for your injury.
- After three years, if neither party has asked for a hearing, the arbitrator can dismiss the case at the status call stage unless either side provides a good reason to continue.
- If a hearing is requested, the arbitrator conducts what is essentially a trial. Both you and your employer may present evidence and call witnesses. All testimony is given under oath. At the end of the hearing, the arbitrator must issue a decision within 60 days.
If either you or your employer is dissatisfied with the arbitrator’s decision, you can then file an appeal, which is heard by a three-member panel of the Illinois Workers’ Compensation Commission. In cases involving state employees, the Commission’s decision is final. But if you work for a private employer, either side can appeal the Commission’s decision by filing a lawsuit in the Illinois Circuit Court.
It is important to note that at any time during this process, you and your employer can agree to a negotiated settlement of your workers’ compensation claim. These settlements are generally referred to as “settlement contracts.” Typically, your employer will agree to give you a lump sum in exchange for you dismissing your claim. The Workers’ Compensation Commission arbitrator assigned to your case must then approve the settlement contract before it is legally binding.
Contact a Rockford Workers’ Compensation Lawyer Today
As you can see, the process for resolving a workers’ compensation dispute in Illinois is quite involved and can take several months or even years. Your best chance for a favorable outcome is by working with an experienced Rockford workers’ compensation attorney who can represent you throughout the hearing and settlement negotiation process.
Contact Tuite Law today at (815) 965-5777 to schedule a free consultation.
