What
is the procedure for handling a Workers' Compensation claim?
The Illinois Workers' Compensation Act and the rules of the Illinois Industrial Commission provide for a unique arbitration procedure. If your claim cannot be settled, it will be tried in front of an arbitrator. An arbitrator is assigned to appear at a different region of the state every month or every other month. In most counties a case appears on the call and can be tried every third month. Your case can be heard even when it is not on the call if it is an emergency hearing due to the non-payment of medical bills or temporary total disability.
After the arbitration, either party can appeal the arbitrator's decision to the Illinois Industrial Commission. A panel of three commissioners will reconsider any issues raised in the case. Although it is rare, appeals can then be made to the Circuit Court, the Appellate Court, and ultimately to the Illinois Supreme Court. These last three courts are restricted in their ability to reconsider the issues before them.
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