Why does Work Comp take so Long?

In Illinois, Workers Compensation cases are not finished overnight. There are several reasons for this.

First, you cannot settle your case or have a trial until you are done with your medical treatment. If you run into complications this can, of course, extend your case for some time.

You can have an emergency trial if medical treatment is denied or time off pay is denied. However, this trial only resolves part of your case. You may have to have another trial to finish your case.

Second, the insurance company will usually require a deposition of your doctor. This will take time to fit in the doctor’s schedule so the testimony can be recorded for trial.

Third, the Arbitrator’s written decision will take anywhere from 45 to 90 days after the trial. Both sides can appeal. An appeal to the Illinois Workers Compensation Commission takes anywhere from 1 to 2 years. The case can be appealed from there to the Circuit and Appellate Courts.

Enough with the depressing news. Most cases do not take this long. Should you have any questions please feel free to call me, Attorney Dirk May at 309-827-4371.