If you have been injured at work, you may expect your workers’ compensation claim to be resolved relatively quickly. You report the injury, receive medical treatment, submit the necessary paperwork, and expect your benefits to follow.
In reality, a workers’ compensation case in Illinois can take much longer, particularly when there are disagreements about your medical treatment, ability to work, or the benefits you should receive. Understanding the workers’ compensation process can help you know what to expect and why your case may not be resolved immediately.
For injured workers in Champaign-Urbana, Danville, and throughout Central Illinois, the attorneys at Schiro & Themer can help you understand where your claim stands and what may need to happen next.
Why Can a Workers’ Compensation Case Take So Long?
There is no single timeline that applies to every workers’ compensation claim. Some cases are resolved relatively quickly, while others take significantly longer because the employee is still receiving medical treatment or because the employer and insurance company dispute some part of the claim.
For example, your case may remain open while you continue treatment for your injury. Your doctors may need additional time to determine whether you have recovered, whether you have permanent restrictions, or whether you will need additional treatment in the future.
Disagreements can also slow the process. The insurance company may dispute whether your injury is work-related, question the treatment recommended by your doctor, challenge your restrictions, or disagree about the amount of benefits you should receive.
Why Medical Treatment Can Affect Your Workers’ Compensation Timeline
Your medical condition is often an important part of determining how a workers’ compensation case should be resolved.
If you are still treating for a work-related injury, it may be too early to determine the full extent of your condition. Your doctor may need to monitor your progress, recommend additional treatment, or determine whether you have reached maximum medical improvement.
Your ability to return to work can also affect your claim. Depending on your circumstances, you may be unable to work for a period of time, return to work with restrictions, or eventually return to your regular job.
These developments can affect the benefits you may be entitled to and the potential resolution of your case. Rushing to resolve a claim before the extent of an injury is understood can create problems if additional medical issues arise later.
What If You and the Insurance Company Disagree?
Not every workers’ compensation dispute requires a trial. In many cases, the parties may negotiate a resolution or settlement.
However, some disputes require intervention from the Illinois Workers’ Compensation Commission. Issues may include whether an injury is work-related, whether medical treatment should be covered, whether temporary disability benefits should be paid, or the extent of any permanent disability.
The Commission serves as the forum for resolving disputes between employees and employers involving work-related injuries and illnesses. Cases are initially heard by an arbitrator, and decisions may be reviewed by a panel of commissioners.
If your case involves a disputed issue, having an attorney who understands the Illinois workers’ compensation process can help you understand what is happening and what steps may be appropriate.
Does a Workers’ Compensation Case Have to Go to Trial?
No. A workers’ compensation case does not necessarily have to go through a full trial.
The Illinois Workers’ Compensation Commission notes that, like most court systems, the majority of workers’ compensation disputes are resolved through settlement.
A settlement may resolve some or all of the issues in a workers’ compensation case. However, whether settlement is appropriate depends on the individual circumstances of the claim, including the nature of the injury, medical treatment, disability, and disputed issues.
An attorney at Schiro & Themer can review the details of your case and explain the potential options rather than simply accepting the first resolution offered by an insurance company.
What Should You Do While Your Case Is Pending?
If your workers’ compensation case is still open, continue following your medical treatment plan and keep your attorney informed about significant changes in your condition or employment. It can also be helpful to keep records related to your injury, including medical appointments, work restrictions, communications regarding your claim, and changes to your ability to work.
Most importantly, do not assume that a lack of immediate activity means nothing is happening with your case. Workers’ compensation claims can involve multiple stages, and the appropriate next step depends on the circumstances of your particular injury.
Workers’ Compensation Attorneys Serving Champaign-Urbana and Danville, IL
A workers’ compensation case can be confusing when you do not know what is happening behind the scenes or why your claim has not been resolved yet.
At Schiro & Themer, our workers’ compensation attorneys help injured employees in Champaign-Urbana, Danville, and throughout Central Illinois understand the workers’ compensation process and pursue the benefits available under Illinois law.
Whether you are still receiving medical treatment, waiting for a disputed issue to be resolved, or considering a settlement, we can help you understand your options and the next steps in your case.
If you have questions about your Illinois workers’ compensation claim, contact Schiro & Themer for a free evaluation of your case.
