So what does it take to get ready for trial and win benefits?
In yesterday's post we gave advice on what happens at the Commission when you think you are going to trial. So a reader asked us, "What does it take to get ready for arbitration?"
The answer depends on the case facts. At the bare minimum you need to secure all relevant medical records by subpoena. While your testimony sets the story, your medical records almost always guide an Arbitrator's decision.
In some cases the facts make it necessary for a doctor to testify. They never show up to testify, but rather give depositions. This can take around six weeks or so to schedule, sometimes more. Usually each side has a deposition so that can tack on another month or so.
Beyond that, unless you need to subpoena information about wage records or schedule a witness, most cases can proceed once medical records are secured and depositions have been taken. If you are receiving benefits, usually an Arbitrator will not rush your case if the insurance company isn't ready. On the other hand, if you need surgery or aren't getting TTD benefits, once your case is prepared the case can be tried.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
