An employee of a big Fortune 500 called me after getting injured on the job. They were very nervous and stressed because “the company is so big and worth billions and has a team of lawyers.” They went on to ask me if they even had a chance. When I assured them that they did, they asked me:

What are the odds that I will win my workers’ compensation case?

That was a question I have heard before, but not in a while. People love to gamble, so I guess it is not a surprise to be asked that way.

The honest answer is that your odds of winning a work comp case in Illinois are based on many things. We are a very worker friendly state, but to win a case it depends on:

  • How did you get injured? Were you performing your job duties at the time?
  • Where did the accident take place? If you were on a personal errand that decreases your chance of success. If you are on company property it increases the chances of success.
  • What defense does the insurance company have? We might not know this right away, but if they have witnesses who say you hurt yourself working out or that you were drunk at the time, that could hurt you.
  • How many prior claims have you had? This can affect your credibility and ultimately the outcome of your case. If you’ve worked for 30 years without a claim that makes you look good. If you have filed ten claims in the last five years that can make you look bad.
  • How credible are you over all? This can be subjective, but how you will present yourself to an Arbitrator matters. If you are a felon, that won’t look good. If you follow what your doctor says to do, it usually helps.
  • How soon after the accident did you report it? The sooner the better.
  • How soon after the accident did you get medical care? Again, the sooner the better.
  • What did you tell the first medical provider? If you lied and said you were hurt at home, that kills your odds. If you went straight from work to the ER and say that you hurt yourself lifting a box, that helps your odds.
  • What does your doctor say and how credible are they? This can be out of your control, but beware of any doctor your lawyer insists that you see. An orthopedic doctor at a well known hospital or big practice group is usually credible. Someone who practices alternative medicine is usually not.
  • Who is your Arbitrator? Some favor workers more. Some favor the insurance company more. This doesn’t always matter, but can.

There are two key points in understanding your odds that nobody ever thinks of.

The first is that your odds can change over time. Your case might look great and then you get caught on surveillance doing things beyond your restrictions. The insurance company could send you to an IME that disputes that you need surgery or were hurt at work. Or on the plus side, we might subpoena a video that confirms your version of the events or the IME could find in your favor.

The second point is the big one though. Not every Illinois workers’ compensation case is a win or a loss. In many of the cases we get involved with, the injured worker gets everything they want and are entitled to under law. In some cases, because there are legitimate possible defenses, instead of going to trial, the parties reach a compromised settlement.

That does not mean that you get half of what you’d get if you won the case. It might mean that if you were owed in our opinion three months of TTD benefits that the settlement might include two months of TTD plus the full value of your injury. It might mean that some medical bills get put through your group insurance with the work comp insurance agreeing to protect you if your group insurance ever seeks reimbursement. It could mean taking $60,000 for a settlement when full value would be $80,000.

None of those situations are 100% wins. And none of them are losses. A good Illinois work comp attorney does a couple of things. First they try to get the best possible result for their client. That means not getting less than the client is entitled to whenever possible. The second thing a good attorney does is make sure the client understands the risks and rewards of going to trial versus taking a guaranteed settlement. Those risks change from case to case. In a lot of cases there are no defenses or disputes. The bills are paid. The lost time is paid. We are arguing over how much the case is worth. In other claims there are legit disputes where there is a possible chance that if you go to trial you will get nothing. A good lawyer makes their client aware of that so they can make an educated decision.

Bonus tip

One of my biggest pet peeves is a lazy Illinois work comp attorney. The best ones will take a case to trial. One attorney we work with on cases tried three cases in a week last year. A lazy attorney will lie to their client and tell them that if they go to trial they could end up with nothing, even when that is not true. If there are no real disputes in your case, the only risk of a trial is that you will get less than what the insurance company is currently offering. That is not as scary as walking away with nothing.

Second bonus tip

In some cases the odds should encourage you to go to trial. If you are experiencing a wage loss, but the insurance company offer does not reflect that, a trial win could be the difference of hundreds of thousands of dollars. Do not be afraid to go to trial in an Illinois work comp case if the facts are on your side.

If you have a case you want to discuss, we are happy to do so any time for free. Contact us at 312-346-5578 to speak with a lawyer. All calls are confidential.