How Fast Will My Workers' Compensation Case Go to Trial?

One of the most common questions we hear from injured workers is:

"How long is this going to take?"

When a case seems to be dragging on and settlement negotiations aren't producing results, it is natural to want a trial date as quickly as possible. Unfortunately, the legal process often moves slower than clients expect, and there are several procedural steps that can affect the timeline.

Let's break down what typically happens in an Illinois workers' compensation case and how long each stage may take.

Can the Insurance Company Be Forced to Make a Settlement Offer?

The short answer is no.

Many clients assume there is a deadline by which the insurance company must either settle or go to trial. The reality is that there is no statutory deadline requiring a settlement offer to be made.

The insurance company can make an offer at any time, increase an offer at any time or choose not to negotiate at all. While your attorney can continue pushing for resolution, there is no legal mechanism that forces the defense to make a settlement offer by a particular date.

Why Can't We Just Get a Trial Date Right Away?

Even when an injured worker is ready for trial, there are procedural rules that must be followed.

At status hearings before the Illinois Workers' Compensation Commission (IWCC), the attorney for the employer or insurance company may request a continuance. Depending on the age of the claim and other legal requirements, the arbitrator may be required to grant that continuance.

In some cases, even when the injured worker is ready to proceed, the defense can delay setting a trial date through legitimate procedural requests.

How Long Does It Take to Get a Trial Date?

Every case is different, but a common scenario looks something like this:

1. The case appears for a status hearing before the arbitrator.
2. Your attorney requests a trial date.
3. If the request is granted, the arbitrator schedules the trial.
4. The trial may occur approximately one to several months later, depending on the arbitrator's schedule and whether depositions need to be completed before trial.

It is important to understand that simply requesting a trial date does not guarantee one will be granted immediately.

What Happens After a Trial?

Many clients assume that once the trial is over, a decision is issued right away.

That is not the case.

After hearing testimony and reviewing evidence, the arbitrator must prepare a written decision. Typically, that decision is issued within approximately 90 days after trial, though the exact timing can vary.

This means even after the trial concludes, there is often another waiting period before a final ruling is received.

What If Someone Appeals?

This is one reason workers' compensation cases can take much longer to resolve than expected.

In Illinois, a significant percentage of workers' compensation decisions are appealed to the Illinois Workers' Compensation Commission.

When an appeal is filed:

• Written briefs must be prepared.
• The Commission reviews the record.
• Oral arguments may be conducted.
• The Commission issues its decision.

This process often takes approximately 12 months, although timelines can fluctuate depending on the Commission's workload.

Can the Case Go Beyond the Commission?

Yes. After a Commission decision, either party may seek further review through the court system.

Potential additional appeals include:

• Circuit Court
• Illinois Appellate Court
• Illinois Supreme Court

Each level of appeal can take approximately 18 months or more to complete. The good news is that only a minority of cases proceed that far. While appeals to the Commission are relatively common, appeals beyond the Commission are considerably less frequent.

So How Long Will My Case Take?

The honest answer is: It depends.

Once you have completed your medical treatment and reached maximum medical improvement, your case may resolve at several different stages. Some cases settle quickly, while others settle after a trial date is scheduled. Others may resolve after the trial decision is filed, while some proceed through one or more appeals.

While attorneys work hard to move cases forward, certain parts of the process are controlled by procedural rules, court schedules and the actions of the opposing side.

The Bottom Line

If your workers' compensation case feels slow, you are not alone. Frustration is understandable, especially when injuries have already disrupted your life and livelihood.

However, understanding the legal timeline can help set realistic expectations. Trial is not always immediate, decisions are not issued overnight and appeals are often part of the process.

An experienced attorney's job is to continue pushing the case forward, request hearings when available, pursue trial when necessary and advocate for the best possible outcome at every stage of the case. 

At Black & Jones, we understand that it's the threat of trial that produces the maximum settlement. Patience is difficult, but knowing the road ahead can make the wait a little easier. Trust the team at Black & Jones to handle your case. Contact us today at (815) 967-9000 or fill out this form to schedule your free consultation.