Workers’ Compensation Hearings: When They Happen and How They Work

Filing a claim for a work-related injury can be confusing. Do you need to file paperwork with the Illinois Workers’ Compensation Commission (the “Commission”)? What proof will you need? Do you really have to go to a hearing to get the benefits you need? In this article, we will give you some important details about workers’ compensation hearings.

What happens right after I file my claim?

After the Commission receives your Application for Adjustment of Claim, it will assign your case to an arbitrator.

The arbitrator then sets a status call on your claim about every three months. Any of the parties may ask the arbitrator to set a trial. If no one requests a trial, the arbitrator continues the case for another three months.

What type of workers’ compensation hearings might be scheduled?

If your case does not settle, it may be called to trial. However, you may experience other hearings along the way involving issues like the following:

  • Employer’s failure to provide workers’ compensation insurance.
  • Employer’s failure to pay benefits as ordered.
  • Employee’s intoxication from cannabis or alcohol that may have contributed to the injury.
  • Employee’s continued need for medical services.
  • Emergency motions filed by either employer or employee.

Having an experienced attorney representing you may help you get the best decision possible.

Will a decision be made at the hearing?

That depends on the reason for the workers’ compensation hearings. In some cases, the arbitrator may have to review additional testimony and evidence before making a decision. In fact, the arbitrator may extend the time to present evidence for a “reasonable period of time.”

When You Need an Attorney who Has Attended Workers’ Compensation Hearings, We Can Help.

If you are already dealing with a work-related injury or disease, trying to attend workers’ compensation hearings is just added stress – especially if you alone. However, the attorneys at Osvaldo Rodriguez, P.C., are here to help with your workers’ comp claims. Schedule a free initial consultation with Osvaldo Rodriguez, a lawyer with over 20 years’ experience representing people like you. Just call us at 708-716-3441 or fill out the Contact form on our website.

Mr. Rodriguez is fluent in both Spanish and English.

We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake, and all of Cook County, Lake County, Kane County, Dupage County, and Will County.

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