The insurance company wants you to believe that you have to take what they offer and go home.
In Illinois injured workers have the option to settle their case without a trial, but you do not have to take what it is offered.
If you do not like the offer you are entitled to ask for a trial.
A workers’ compensation trial means that you must testify before an arbitrator who acts in the role of a trial court judge.
The arbitrator will listen to your testimony, the testimony of other witnesses, and review the medical records.
The arbitrator decides whether you win or lose and how much you are entitled to.
It is not always wise to go to trial.
If you get a fair offer or an offer that is more than fair and you do not have lingering medical problems, then you may want settle the case.
Why? Because it is usually faster to settle. And there are no guarantees when you go to trial. The arbitrator usually does not know the value of the settlement offers between the parties. You can end up with less money than the offer depending on how the arbitrator rules.
At times you do not have a choice.
If the insurance company does not offer you any money or only a small amount of money you have no choice, you must go to trial.
You must also go to trial if you want future medical treatment.
Rarely will the insurance company give you money for future medical treatment.
Questions about your work injury case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.