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How Many Workers’ Compensation Cases Go to Trial?

How Many Workers’ Compensation Cases Go to Trial?


If you have been injured on the job and are preparing to file a workers’ compensation claim in Illinois, you probably have a lot of questions about what to expect during the process. Do all workers’ comp cases end in a settlement? How often do workers’ comp cases go to trial? Rubens Kress & Mulholland answers these questions and more, below.

Do All Workers’ Comp Cases End in a Settlement?

Most workers’ compensation cases end in settlement, with the injured worker accepting one lump sum of money. The settlement amount is intended to cover the cost of past and future medical care relating to the injury, partial or total disability, or temporary or permanent disability.

How Often Do Workers’ Comp Cases Go to Trial?

Approximately 5% of workers’ comp cases go to trial. If you are unsatisfied with the settlement amount you were offered or your employer’s workers’ comp carrier has denied your claim, your lawyer would start preparing your case for trial.

What Factors Affect the Odds of Winning a Workers’ Comp Case?

There are several factors that can help to increase your odds of winning a workers’ comp case in Chicago, including:

    • Don’t Delay Reporting Your Claim: Following an injury on the job, you should report it to your employer without delay.
    • Seek Prompt Medical Treatment: Don’t delay going to a doctor to have your injury treated. While there, be sure to explain that the injury happened at work. Follow your doctor’s exact recommendations, be it physical therapy, resting the injured body part, etc.
    • Hire an Experienced Workers’ Comp Attorney: It is not technically a requirement to have an attorney with you at your hearing, but it is strongly recommended for success. Your hearing is the time to convince the judge that you’re entitled to workers’ comp benefits, so you will want to have someone advocating for you who can make strong legal arguments and present solid evidence.

    Settling a Workers’ Comp Claim Outside of Court

    Taking a workers’ compensation case to trial can put an individual through a lot of stress — on top of the stress they’ve already experienced as a result of their injury. Thankfully, as we noted above, most cases are able to be settled outside of court. Here is some more information on the process of settling a workers’ comp claim:

    • The typical way to start settlement negotiations is to have your attorney present the insurance company with a settlement demand. The insurance company will either accept the demand, reject it, or respond with a new offer. Settlement negotiations will continue until you reach an amount you feel is fair.
    • The settlement amount you’re offered will depend on several factors, including but not limited to: your medical records, your job duties, and the circumstances of your injury.
    • Once you’ve agreed to a settlement amount from the insurance company, it needs to be sent to the Illinois Workers’ Compensation Commission for approval, where an arbitrator will review the settlement contract to determine whether it is reasonable and free of error.

    Contact Rubens Kress & Mulholland for Experienced Personal Injury Representation

    Whether your Illinois workers’ comp case is brought to trial or settled through negotiation, you can count on the Chicago-based attorneys at Rubens Kress & Mulholland to advocate ardently on your behalf. Just like the many individuals we have helped reach a favorable settlement or verdict over our years in practice, we want to see you receive the benefits you deserve. Contact us online today to get started with a free consultation.

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