We get a lot of calls from people in a frustrating situation: They’ve been injured for months, their doctor says it’s work related and is recommending surgery, but the insurance company’s doctor says they don’t need surgery or that their injury was from a old accident many years ago.

These people can’t move forward and get the surgery, and they aren’t getting benefits, which means no workers’ compensation checks despite the fact that they are unable to work. They’re stuck, and they’re running out of money. They’re also in pain because of their injury. The insurance company is hoping they get frustrated and don’t do anything about it, and that eventually they can say it’s too late to file a claim at all. 

So what can you do? It’s going to take a few months, but you can get out of this. If you hire an experienced Illinois workers’ compensation attorney, they will do the following:

– File a formal claim if you haven’t already done so
– Gather all of your medical records
– Schedule a deposition (to get testimony) of your doctor and the insurance company’s doctor
– Argue your case at a trial with the arbitrator assigned to your case

It’s a pretty basic formula, and it shouldn’t take years to resolve. If your attorney can’t inform you about the progress of your case and what they’re doing to move it forward, that’s a red flag that they may not be the best attorney for you. For an experienced attorney who handles these cases day in and day out, this is not that difficult.

Delay is often caused by the insurance company, but it can be made worse by not hiring a lawyer or not hiring the right lawyer. You can switch attorneys. The most important thing to do, however, is get started.

By Michael Helfand