A common question we get is, "how long does it take to get a case to trial." The answer truly varies based on the claim, but in general it’s as short as one month and as long as up to six months. Three months is certainly average if the attorney is working hard. Overall it depends on whether or not medical records have been secured, depositions of doctors (if needed) have been taken and witnesses (if needed) have been arranged.
Every now and then we’ll get this question from an injured worker who will respond with something like, "I haven’t been paid for nine months and there is not trial in site." In almost every situation that is unacceptable, especially if the evidence is in your favor.
Other times lawyers will tell their clients that it takes more than two years to get to trial (lie) or that it’s really hard to get ready for trial (lie). This is usually a sign of an attorney who doesn’t want to try a case and sees the client as a number not a person.
All that said, it is now getting harder to get a case for arbitration. Every month an arbitrator has a cycle of cases that get set on a status call. If there 1,000 cases, lawyers might request trials on 200 of them or be forced to set a trial date due to the age of the case. An arbitrator will have on average five days to hear these cases (10 in Chicago, but there are more cases there).
The reality is that if 200 cases get set for trial there is not enough time to hear all of them. Fortunately cases are most often set to put some pressure on an opposing lawyer or to force discussion. Less than 10% have any intention of taking a case to trial.
So why is it harder to get a hearing date? The answer is that Arbitrators are being forced to take furlough days which has eliminated some of their hearing dates. This month for example, if you were hoping for a Wheaton workers compensation hearing on June 10th you were out of luck because our very fine Arbitrator George Andros was forced to take that day off. He’s very hard working and it’s not his fault that he’s being asked to take time off. Same goes for all the other Arbitrators.
So there is one less day to get your case heard. But even with that, an organized attorney should be able to get you a hearing. And if you are not being paid benefits, the lawyer can file a 19b petition which would put your case at the front of the line. As long as your lawyer is truly ready.
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.