A reader tells us:
I injured my back at work and my case has now been ongoing for 20 months. I hired an attorney shortly after the injury to protect MY interests. My case has been before arbitration 2 times (the 3rd time will be in one week), and each time my attorney has had me wait in the lobby until it was over. Is this normal, or should I be in the room during arbitration?
Every case is different, but an Arbitration of an Illinois workers’ compensation case can not take place without the most important person. YOU! Sure you need an Arbitrator and a court reporter, but if you aren’t there then there is no Arbitration.
What is probably happening is the lawyers are either: doing a pre-trial which is where they tell the Arbitrator what they think the evidence will show if the case goes to trial. We do this to get his opinions; or the attorney did this because he isn’t prepared for trial and is making it appear as if he’s working hard when he’s doing nothing.
There is value sometimes in having a client show up to the Workers’ Compensation Commission. Sometimes the Arbitrator wants to see you, other times it’s good to have you there if we are in settlement negotiations. But day after day we go to the Commission and see around 100 injured workers, most of whom don’t need to be there. One firm we know seems to have every client show up when the cases are set for trial even though the lawyer knows he won’t be proceeding. It’s unprofessional and actually makes the lawyer look bad.
If you aren’t getting benefits and have a lawyer, ask them what they need to do to be prepared for a hearing and ask how long that will take. Then tell them to get the case ready and to schedule your testimony. That is the only way to actually get to Arbitration.
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.