Settlement or Trial in Illinois Work Comp Cases

The most important thing you need to decide in many Workers’ Compensation cases is whether to settle or go to trial.

If the insurance company refuses to settle your case, then you have an easy decision. You must go to trial or drop your case.

If you believe you will be in need of future medical treatment, then you must also take your case to trial to ensure that the insurance company will have to pay for it.

The problem is the situation in which you feel like you will not need future medical treatment and you receive an offer.

If you do not like the offer the only alternative is to take the case to trial.

You must understand that the offer goes away if you try the case.

The arbitrator’s decision is what stands whether it is above or below the settlement offer.

Either side may appeal the arbitrator’s decision.

An appeal will also prolong the case. Sometimes for a year or more.

You must also understand that the Arbitrator can deny your case and rule that you are entitled to nothing.

It is important to look at your case without emotion, which can be difficult to do, because it is your life and you may have a lot riding on the case.

Does the insurance company have defenses to your accident? Is your doctor weak on the connection between your condition and the work accident?

If your case has problems, then it may be better to settle it and get some money instead of getting nothing.

Questions about your work injury? Feel free to contact Illinois Work Comp Attorney Dirk May with Williams and Swee at 309-827-4371.