Illinois workers' compensation trials. Sometimes the Arbitrator can sleep through your testimony.
When you hire an Illinois workers compensation law firm, they don't take your case before a jury. All of our cases are either settled by negotiating with the insurance adjuster or defense attorney or before a trial in front of an Arbitrator. We go to trial when there are disputes over whether your case is actually a work injury, if benefits you deserve aren't being paid, if there is a dispute over how much your case is worth or if we just want to keep your medical rights open as relates to the injury for the rest of your life.
The trial is usually just your attorney, the other attorney, a court reporter and the Arbitrator. You can bring a friend for support and the hearings are open to the public, but other than witnesses it is very un-common for more than the attorneys, court staff and injured worker to be there.
While your testimony is important, the most important aspect of most cases is the medical evidence. This is displayed in your medical records and sometimes by depositions of doctors. It is also why (besides karma) that we tell all of our clients to be truthful with their doctors, especially in describing how they got hurt.
Early in my career I was with a small insurance defense law firm and was assigned to a trial before an older Arbitrator who has since passed on. He was a bit ornery to say the least, but some Judges are that way. The trial started and the injured worker was giving his testimony. I was taking notes when all of the sudden I heard heavy breathing. We all realized that the Arbitrator was asleep. The trial stopped for a moment then kept going. He slept for a good 15 minutes of what was around 40 minutes of testimony by the injured worker.
I was stunned and if I was the injured worker I would have been furious. But looking back, both sides agreed that the worker had been hurt on the job, we just disagreed what his injury was worth. The worker's testimony as to how the accident impacts his life currently was relevant (and the Judge awoke for that), but the background on where he lives, how he got hurt, etc. was not too relevant because his medical records - which hopefully the Judge actually read - told almost the whole story.
We don't think any current Arbitrator would take a snooze during a trial and if it happened to one of my clients I would pause the hearing. That said, remember that usually medical evidence is what determines these cases when they are in dispute. It will hopefully help you relax too if you have to testify because believe it or not, you are not the most important witness at a trial.
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.
