When you’re injured at work, the last thing you want is to feel lost or unsure about the process ahead. If your claim is being disputed or if settlement negotiations break down, your case may be scheduled for a workers’ compensation hearing. We know this can be stressful, especially if you’re recovering from an injury, dealing with medical bills, or missing work. At The Law Offices of Robert T. Edens, P.C., we’ve helped many injured workers throughout Illinois prepare for these hearings, and we’re here to make sure you know what to expect.
A workers’ compensation hearing is not like a criminal or civil trial. There’s no jury, and the atmosphere is more controlled. But that doesn’t mean it’s informal. These hearings are conducted by an arbitrator through the Illinois Workers’ Compensation Commission (IWCC), and what happens there can determine whether you receive the benefits you’re entitled to under 820 ILCS 305, the Illinois Workers’ Compensation Act.
Most claims are resolved through agreements between injured workers, employers, and insurance companies. But when there’s a disagreement about your medical treatment, the extent of your injury, or whether the injury is work-related, the dispute may need to be decided at a hearing.
You may end up at a hearing if:
In any of these situations, the case will be set for arbitration, and an arbitrator will make the final decision.
Before the hearing takes place, both sides go through a process of gathering evidence. This includes medical records, accident reports, wage records, and witness statements. We also prepare written statements from your doctors, known as Section 12 and Section 19(b) reports, required under the Illinois Workers’ Compensation Act.
As your attorneys, we’ll work with you to make sure all required documents are submitted to the IWCC. We’ll also help prepare your testimony, review the insurance company’s evidence, and challenge any medical opinions that don’t reflect the reality of your condition.
Hearings are typically held at the assigned IWCC hearing location nearest to your workplace or residence. In our case, that could be Waukegan, Woodstock, or another regional office in Illinois.
During the hearing:
The arbitrator does not issue a decision immediately. It usually takes a few weeks for a written decision to be mailed to both sides.
The arbitrator will issue a written ruling called an “Arbitrator’s Decision and Opinion on Review.” This decision will explain whether you are entitled to workers’ compensation benefits and, if so, how much.
If either side disagrees with the ruling, they have the right to appeal to a panel of commissioners at the IWCC. That appeal must be filed within 30 days of the arbitrator’s decision under 820 ILCS 305/19(b).
At The Law Offices of Robert T. Edens, P.C., we represent injured workers from the first day they file a claim through the final resolution—whether through settlement or a formal hearing. We handle everything from scheduling independent medical evaluations to presenting evidence at hearings. Our job is to protect your rights, challenge unfair denials, and make sure your voice is heard.
We know how employers and insurance carriers try to minimize payouts. We use the law to make sure they don’t get away with it.
Your attorney will bring all the necessary legal documents, but it’s helpful if you’ve reviewed your medical treatment history and can clearly explain how the injury has impacted your life. You don’t need to bring any witnesses unless your attorney has told you otherwise.
Yes. Most injured workers are asked to testify at their hearings. We prepare you in advance so you’ll know exactly what types of questions to expect. You’ll be asked about how the injury happened, your symptoms, medical treatment, and how your ability to work has changed.
Most hearings last a few hours, depending on the complexity of the case. Some may go longer if multiple witnesses are involved. The arbitrator controls the pace and will ensure both sides have a chance to present their evidence.
Yes. You have 30 days from the date of the arbitrator’s decision to file an appeal to the IWCC. If the IWCC upholds the arbitrator’s ruling and you still disagree, the case can be appealed to the Illinois Circuit Court.
This is exactly why hearings exist. If your employer denies that your injury was work-related or claims you weren’t seriously hurt, your attorney can present medical records, witness statements, and expert testimony to support your case.
Most arbitrators issue a written decision within a few weeks, although it can sometimes take longer, depending on the caseload. You’ll receive a copy of the decision in the mail, and we’ll go over it with you in detail.
You may be awarded temporary total disability (TTD), permanent partial disability (PPD), medical treatment costs, and sometimes vocational rehabilitation if you’re unable to return to your old job. The specific benefits depend on the severity of your injury and your ability to return to work.
Yes. These hearings are legal proceedings, and the insurance company will have attorneys representing their interests. Having an experienced workers’ compensation attorney levels the playing field and ensures you have someone who understands the law fighting for you.
If you’re preparing for a workers’ compensation hearing, you need experienced representation to help you secure the benefits you deserve. At The Law Offices of Robert T. Edens, P.C., we’ve been protecting the rights of injured workers in Antioch, Waukegan, Woodstock, and throughout Illinois for over two decades.
Contact our Illinois workers’ comp attorneys at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation