A worker who had been injured on the job in Wheaton wanted to know what would be involved in a case to get money for his injury. What would be involved…how does the process get started? The question is a good one, so here’s an overview of what to expect from a workers’ compensation case in Wheaton.
Where will I have to go? Workers’ compensation claims can be heard in many locations throughout Illinois. Once your case is filed, it will be assigned to an office which is closest to where you were injured. If your injury happened outside of Illinois, then the hearing location will be closest to your home.
So if your injury happened in DuPage County, or your home is in DuPage County and your injury happened in Indiana, then you will be going to the DuPage County Government Center in Wheaton (located at 421 N. County Farm Road, 1-500A JTK Building, Wheaton) for your hearing.
How long do I have to decide if I want to pursue a case? There are some time constraints involved in a workers’ compensation case. First, there are time limits for notifying your employer. You should report your accident to your employer immediately, but if you wait at all, it should not more than 45 days after you were injured. Second, there are time limits for filing your claim. This time is generally three years from the date of your injury, but there are some exceptions.
These time limits can make the difference between pursuing your claim and possibly losing your claim forever, so it is important to check it out with an experienced attorney.
Once the case is filed, what’s next? Once your case is filed, it is assigned to an arbitrator. In this case, the arbitrator will be at the government center in Wheaton. First there will be status hearings every two months. The parties and attorneys will appear before the arbitrator and discuss what has happened in the case. You will continue to have your case reviewed by the arbitrator at status hearings, until either a settlement is reached or the case goes to trial. If a settlement is reached, then it is presented to the arbitrator for approval. Otherwise, either side can request a trial during the status hearing.
How long can this process go on? You and your attorney will have to stay on top of the progress in your case. There are so many cases being processed by the arbitrator, that it is important to be sure your case is moving along. It could take years, but in some situations where you need immediate answers and you can’t wait, there are emergency hearings available. If you don’t settle and you go to trial, the arbitrator will make a decision on your case within 60 days from the end of your trial.
Who should I hire to help me? There are many good attorneys throughout Illinois that handle work injury cases, though most that work exclusively in this area are located in Chicago. Even though your case would be heard in Wheaton, most of the attorneys that are handling the DuPage County cases there are Chicago attorneys. But that won’t cost you any more money in travel or other expenses. The fees that a lawyer can charge for a work injury case are limited by Illinois law to 20% of what you recover.
So rather than the lawyers location being a factor, it is most helpful to have a lawyer represent you that is very experienced in appearing before the DuPage County arbitrators, and who has is respected by the insurance companies.
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.
