"How long is this going to take?" It's the question I hear more than any other from my workers' comp clients, and I understand the frustration completely. You're hurt, you're missing work, the bills are piling up, and you just want this to be over. After close to 30 years of handling workers' comp cases in Illinois, let me give you the honest answer — and more importantly, let me explain what's actually happening behind the scenes so the timeline makes sense.
The single biggest factor in how long your case takes is your medical treatment. Your workers' comp case cannot — and should not — settle until you've reached maximum medical improvement. MMI is the point where your doctor says your condition has stabilized and further treatment isn't going to significantly change the outcome. For a back strain that responds to physical therapy, MMI might come in three or four months. For a herniated disc that requires epidural injections, MMI might take six to nine months. For a case that involves surgery and post-surgical rehabilitation, MMI could be a year or more. You cannot rush this process, and you shouldn't want to, because settling before MMI means you're guessing at what your permanent condition will be — and guesses almost always cost you money.
Once you're at MMI, your doctor assigns a permanent disability rating — a percentage that quantifies the lasting impact of your injury on the affected body part. That rating, combined with your average weekly wage and the body part injured, determines the baseline value of your settlement under the Illinois Workers' Compensation Act's schedule of injuries. Your attorney takes that information, adds their knowledge of comparable settlements and the specific facts of your case, and puts together a settlement demand.
Here's where the second delay often comes in: the insurance company's response. After we send the demand, the insurance company reviews it — which takes anywhere from two weeks to two months depending on the company and the adjuster. Then they make a counteroffer, which is almost always lower than what the case is worth. We counter back. They counter again. This back-and-forth negotiation can take several rounds before we either reach an agreement or decide that the insurance company isn't going to be reasonable and we need to go to trial.
Now, here are the delays that aren't your fault and that a good attorney can minimize. First, the insurance company dragging its feet on authorizing medical treatment. If you need an MRI and the insurance company takes six weeks to approve it, that's six wasted weeks. An aggressive attorney calls the adjuster, sends follow-up letters, and if necessary files a petition to compel authorization. Second, the insurance company scheduling unnecessary IMEs. They'll send you to their doctor, wait for the report, decide they don't like the result, and send you to a different doctor. Each IME adds weeks to the timeline. Third, the adjuster simply not responding to settlement demands because they have 200 other cases on their desk and yours isn't a priority. Constant pressure from your attorney is the only thing that keeps the process moving.
Here's what you can do to help speed things up. Show up to every medical appointment. Don't cancel, don't reschedule, don't skip. Every missed appointment adds time to your treatment and gives the insurance company an excuse to argue you're not really hurt. Follow your doctor's recommendations exactly. If they say physical therapy three times a week, go three times a week. And respond to your attorney promptly when they need information or documents from you — signatures, medical authorizations, employment records. Small delays on your end add up.
The bottom line is that a workers' comp case takes as long as it takes to do it right. Rushing to settle is the most expensive mistake an injured worker can make. But taking longer than necessary because the insurance company is playing games is unacceptable. If your case feels like it's stuck, call us at 312-500-4500. We'll tell you whether the timeline is normal or whether someone needs to light a fire under the insurance company.
One of the most common things that slows down workers compensation cases from settling quickly is if the patient or the injured worker is seriously hurt. If somebody is seriously hurt and is still getting medical care and is still improving, it would be a big mistake for us to settle the case.
Once we settle a workers compensation case, we usually can't go back and ask for more money. So we have to be very certain that we understand the full extent of the injury, the necessary medical care, whether you will be able to go back to work doing the same job, and what your permanent problems are.
The lump sum of money and injured worker gets in settlement if they get hurt on the job is called "PPD". This stands for Permanent Partial Disability. It is basically a lump sum of money you get at the end of the case for any permanent problems you have as a result of the work-related injury.
It shouldn't be hard for you to see that settling your case and getting you a certain amount for PPD is a bad idea because maybe you have much more serious and permanent injuries than we know. We have to make sure that we get you as will well as you can get. In other words you have to heal as much as we can heal you or we need a note from the doctor saying you will never get better.
It is wise to do this before accepting a workers comp settlement because the bigger and more permanent injury, the more case the money is worth. And I would never want to short settle a case for somebody who got hurt at work.
It is common for me to talk to at least a few people your will try to handle their workers comp case themselves. The company and insurance company seem like they are cooperating so they figure "why hire a lawyer"?
But here's what I see time and time again: the injured person cooperates but at the end of the case, once they are painted into a corner, the insurance company gets tough.
Maybe they send them to work full duty before they are really ready to go. Maybe they cut off their medical care when they still need it. Maybe they stop paying them while they're off work.
Getting a lawyer involved early in your case will make sure that you don't get maneuvered into a situation where you have no ability to fight back in the case. A good lawyer knows how to position your case from the very beginning to make it as strong as possible so none of this workers comp insurance shenanigans goes on in your case and you get all the benefits you deserve.
Another thing that happens is the company tries to never pay any PPD to an unrepresented person. In other words, they pay the doctor bills, they pay the bills for they pay you while you're off work. But after you have reached MMI (Maximum Medical Improvement), they never offer you or talk to you about a lump sum payment at the end of the case.
We know why they do this. It saves them a lot of money in workers comp settlements. But you are entitled to it, but only if you know how to fight for it and how to file a workers comp claim.
Once the three year deadline on a workers comp case passes and nothing has been filed at the Worker's Compensation commission, you can never ask them for that PPD lump sum money afterwards.
That's why having a lawyer involved is a good idea. One of the main things lawyers do is protect the deadlines for injured people.
Most Illinois workers comp cases that settle do so within one to three years from the date of injury. Cases with clear liability, limited injuries, and cooperative insurance companies can resolve in under a year. Complex cases involving surgery, disputed liability, or significant permanent disability take longer — sometimes two to four years. The single biggest driver of timeline is when you reach maximum medical improvement, because that's when the full value of your case becomes knowable. I don't push for early settlement before that point.
The most common delays are: waiting for maximum medical improvement, disputes about whether the injury is work-related, disputes about the extent of permanent disability, the insurance company ordering an independent medical examination (IME) to challenge your treating doctor, and backlogs at the Illinois Workers' Compensation Commission if the case goes to arbitration. I push cases forward aggressively and challenge IME opinions that undervalue your injuries.
To a point. Reaching maximum medical improvement and getting a clear permanency rating from your treating physician moves things forward. Having complete medical records and a well-documented disability rating gives the insurance company less to dispute. What you should NOT do is rush into a settlement before your condition has stabilized — that almost always means leaving money on the table. The goal is the fastest fair settlement, not just the fastest settlement.
If settlement negotiations stall, I file a petition for hearing with the Illinois Workers' Compensation Commission and take the case to arbitration. An arbitrator hears both sides and issues a decision. This process takes additional time — typically six months to a year after filing — but often prompts the insurance company to make a better settlement offer rather than risk an adverse ruling. I am prepared to take every case to arbitration if that's what it takes to get you what you deserve.
Would you like to know more about how long does workers comp case take?
If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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