A. Settlement.

The employer and the employee settle the vast majority of Workers’ Compensation cases. The settling employee frequently gives up the right to claim medical benefits from the employer for any new medical bills that arise in the future as a result of the injuries. The Illinois Workers’ Compensation Commission must approve all settlements in order for them to be binding upon the parties.

B. Hearing.

1. Arbitration

Absent a settlement, the parties must present the case to an Arbitrator (a special type of judge, appointed by the Illinois Workers’ Compensation Commission). The Arbitrator hears evidence from the worker and any of the worker’s witnesses and from the employer and any witnesses of the employer. The Arbitrator also receives and evaluates medical information.

2. Appeals to the Workers’ Compensation Commission

The Arbitrator, some weeks later, issues a written decision. Each side has the right to appeal the decision to a three-person panel of the Illinois Workers’ Compensation Commission. The Commissioners do not hear any additional evidence. They review the case based upon the evidence that the parties presented to the Arbitrator.

3. Appeals to Circuit Court and the Appellate Court

Appeals to the Workers’ Compensation Commission can take a year or longer. Either side may appeal the Workers’ Compensation Commission’s decision to the Circuit Court and after that to a special Workers’ Compensation Appellate Court. The parties present no new evidence to the Circuit Court or the Appellate Court.

The Court can take years to make a decision. That is why both sides attempt to settle cases whenever possible.