Expedited Hearing in Workers Comp? What Is It?

expedited hearing in workers comp

Expedited hearing in Workers Comp is a myth in my opinion. It doesn’t really happen.

Usually, when lawyers talk about an expedited hearing in Workers Comp in Workers Compensation cases, they are talking about setting up the hearing as soon as they can to try and get your medical bills paid, a medical procedure preapproved, or to start getting you paid while you are off work (that’s called TTD).

Those are good goals. Injured workers need to be treated so they can get back to work as soon as possible. Injured workers can’t live with no income. And the Worker’s Compensation Act in Illinois provides that these are things that injured workers are entitled to.

But more and more Workers Compensation insurance companies are discovering that they are getting away with cutting off benefits in the state of Illinois. Remember, insurance wants to make money by collecting premiums and refusing to pay bills.

Expedited Hearing in Workers Comp: What It Really Means (Plain English Guide)

If you’ve been hurt at work, and the insurance company cut off your benefits or won’t approve medical treatment, you might hear the phrase “expedited hearing” in your Workers Comp case.

People call my office all the time asking:

  • What does expedited hearing mean?

  • Can I get one right away?

  • What happens at an expedited hearing in Workers Comp?

  • Can I force the insurance company to pay me or approve surgery?

The short answer?
An expedited hearing is supposed to be fast — but in Illinois Workers Comp, it rarely is.
Let me explain how it really works, what you can expect, and what you should do if your benefits have stopped.

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What Is an Expedited Hearing in Workers Comp?

In normal English, “expedited” means speedy, rushed, or done right away.

But in Illinois Workers Compensation, an expedited hearing usually means:

➡️ Your lawyer is asking the Arbitrator to hear your case sooner than normal
➡️ only on urgent issues — like medical bills, TTD checks, or denied treatment.

These hearings usually fall under:

  • Section 19(b) – used when your benefits are stopped or denied.

  • Section 8(a) – used when medical care or surgery is denied.

So yes, an expedited hearing is real…
…but it does NOT mean “tomorrow,” “next week,” or “right away.”

Most people are shocked when they hear how long it truly takes.
But what does “expedited” mean?

If you look it up in the dictionary, expedited means something that’s rushed or done right away. But the way the Commission works, you are lucky if you get an expedited hearing in six weeks. Very rarely, you can get a hearing sooner than that. Sometimes it takes even longer.

I don’t know about you, but if I didn’t have any income in six weeks that would cause me a lot of stress. If I needed back surgery and was in daily pain and I had to wait six or eight weeks for an answer as to whether I could hear the surgery, I would not be happy. It isn’t fair. It defeats the purpose of the Worker’s Compensation Act in my opinion. You are to have an answer within a week or two on such questions as this.

But the Judges (called Arbitrators) over at the Commission deserve a vacation now and again. They have lots of cases on their calls. They only hear cases on scheduled dates every month. They have cases that go to trial, and hundreds of lawyers who want to talk to them.

It is not an easy job. They can’t do everything. They are human beings who are doing their best. And the State of Illinois does not have enough money to hire more of them.

When Do You Need an Expedited Hearing?

You might need an expedited hearing if:

  • The insurance company cut off your TTD checks

  • They won’t approve surgery or important medical treatment

  • Your medical bills aren’t being paid

  • They claim your injury is not work-related

  • They are delaying and you can’t wait months to get in front of the Arbitrator

Basically, if the insurance company is playing games and it’s hurting you financially or medically, an expedited hearing is the tool we use to try to push your case forward.

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expedited hearing in workers comp

What Happens at an Expedited Hearing? (Step-by-Step)

In a nutshell, it is a mini-trial or can turn into a full trial, if the Arbitrator wants it to go that way.

Here’s the exact process, so there are no surprises.

1. Your lawyer files a Petition (19(b) or 8(a))

This is a legal document or form telling the Commission:

  • what happened,

  • what the insurance company is refusing to do,

  • and what you need the Arbitrator to rule on.

2. A hearing date is scheduled

This is the part people misunderstand.
On paper, the hearing is supposed to happen “quickly.”

In reality?

👉 You’re lucky if you get a hearing in 4–6 weeks.
Sometimes longer. Sometimes shorter. But never immediately.

3. Both sides exchange medical records and evidence

Your lawyer must gather:

  • all medical records,

  • bills,

  • MRI reports,

  • doctor notes,

  • wage info,

  • and possibly a doctor’s deposition.

Insurance will gather their own “evidence,” usually including the opinion of their “independent medical examiner.”

4. The hearing itself

This is NOT a full trial.
It’s quicker and focused only on the urgent issues.

These are usually done in person at the Workers Compensation Commission, though other hearing are held via Zoom

At the hearing:

  • The lawyers argue the case

  • You may testify

  • Medical records are submitted

  • The Arbitrator asks questions

  • Each side presents its position

It’s not scary, but it is serious.

5. The Arbitrator issues a ruling

This usually takes a few days to a few weeks.
The decision tells everyone what must happen:

  • Pay TTD

  • Approve surgery

  • Restart treatment

  • Or…sometimes, deny the request (which we can appeal)

6. Sometimes the hearing gets converted to a full trial

Arbitrators do this when:

  • Too many issues are connected

  • The defense wants more time

  • Your lawyer doesn’t have all the evidence yet

A “full trial” requires everything:

  • Doctor deposition(s)

  • All medical records

  • All witnesses

  • All bills and wage proof

This can be good or bad. Sometimes it forces the case toward resolution. Other times it delays things even further.

The Judge will often ask the lawyers about what the issues are before the hearing begins to try to work them out.  This is a great time to try to settle the case or find a compromise.

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How Long Does an Expedited Hearing Really Take?

Let’s be honest.

This is the part nobody likes to hear.  It drives me crazy.  It drives my clients crazy.

There is nothing fast about an expedited hearing.

In Illinois Workers Comp:

➡️ 4–6 weeks is considered “expedited.”
➡️ Any faster than that is extremely rare.
➡️ More time is common if evidence isn’t ready.

Why does it take so long?

  • Arbitrators have heavy caseloads

  • They only hear cases on certain days each month

  • The Commission is understaffed

  • Your lawyer must have all evidence lined up

  • Doctor depositions take time to schedule

  • Insurance uses delay as a weapon

I always tell clients:

“Expedited” in Workers Comp is like saying “Chicago traffic is light today.”
It might be lighter than normal — but it’s still traffic.

Just be aware that getting in front of an arbitrator on a request for Workers Comp expedited hearing pursuant to 19(b) or 8(a) is oftentimes not something that can happen right away. Don’t be so mad at your lawyer.

Pros and Cons of Filing an Expedited Hearing

Pros

  • Forces the insurance company to respond

  • Can restart lost wages (TTD)

  • Can get surgery or treatment approved

  • Shows the Arbitrator the insurance company is stalling

  • Moves your case forward

Cons

  • If your lawyer isn’t fully prepared, you can lose

  • Doctor depositions take time

  • Arbitrator may convert it to a full hearing

  • Insurance gets more time to strategize

  • Rushing can backfire

This is why I tell injured workers:

“You want the hearing fast — but you want your evidence perfect.”

Winning is better than rushing.

Like so many things in life expedited hearings and Workers Compensation seem like they should happen right away and they should be simple. But nothing in the law is simple.

What Evidence You Need to Win an Expedited Hearing

Your lawyer typically needs:

  • Recent medical records

  • A doctor’s opinion that the injury is work-related

  • A clear statement about your restrictions

  • Proof that you can’t work

  • Wage and employment records

  • Bills and treatment notes

  • A medical deposition (if necessary)

If even one key piece is missing, the Arbitrator may:

  • deny the hearing,

  • continue the case, or

  • convert it to a full trial.

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Why Insurance Companies Fight Expedited Hearings

Simple:
Insurance companies make money by delaying payments.

They hope:

  • you go back to work injured,

  • you quit your job,

  • you settle cheap,

  • or you give up entirely.

Delays are part of their strategy.  You cannot beat the system without pushing back — and an expedited hearing is one of the ways we do that.

What You Should Do If Your Workers Comp Benefits Were Cut Off

If your TTD checks stopped…
If surgery was denied…
If your bills aren’t getting paid…

Here’s what to do immediately:

✔ Keep going to your doctor
✔ Follow restrictions exactly
✔ Do NOT give a recorded statement to insurance
✔ Call your lawyer immediately
✔ Save denial letters and emails
✔ Do not stop treatment
✔ Do not “tough it out”
✔ Document everything

The sooner your lawyer knows what happened, the faster they can file a 19(b) or 8(a) petition and start pushing the case forward.

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Common Questions About Expedited Hearings (FAQ)

1. What is a 19(b) hearing?

A 19(b) hearing is a type of expedited hearing used when your benefits were cut off or denied.

2. What is an 8(a) petition?

This is for denied medical treatment — like surgery, physical therapy, or medication.

3. Do I need a lawyer to request an expedited hearing?

Yes. It’s almost impossible to do this correctly without one.
The insurance lawyer will run circles around you.

4. Can the insurance company block or delay it?

They can drag their feet, but they cannot stop the process.

5. Will I have to testify?

Usually, yes. It’s not scary, but you must be honest and prepared.

6. How fast will I get a ruling?

Typically a few days to a few weeks after the hearing.

7. Do I get backpay if I win?

Yes — if TTD was wrongly cut off.

8. Can filing an expedited hearing hurt my case?

Only if it’s filed too early and you’re not prepared.

Your lawyer should make this call wisely.

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Why Having a Strong Workers Comp Lawyer Matters

A lawyer who knows what they’re doing will:

  • gather all records

  • get your doctor on board

  • prepare you for testimony

  • make sure insurance can’t ambush you

  • handle all deadlines and filings

  • make the argument to the Arbitrator

  • keep pressure on the insurance company

You should not fight this battle alone.
The insurance company has lawyers — you should too.

When an Expedited Hearing Is NOT the Right Move

Even though you want it fast, sometimes waiting a week or two is smarter.

It’s better to:

  • get all evidence lined up,

  • get a strong opinion from your doctor,

  • and make sure your case is trial-ready…

…than to rush into a hearing and lose.

A “quick” loss is worse than a “slightly slower” win.

What To Do Right Now If You Think You Need an Expedited Hearing

If your Workers Comp benefits were stopped…
If surgery is being delayed…
If you can’t wait any longer…

Call me.

Here’s what we’ll do:

  1. You call for free (or I can call you).

  2. You tell me your story.

  3. I answer your questions.

  4. I explain the plan for getting your benefits restarted.

  5. You decide if you want to hire me — no pressure.

Either way, we end up as friends.

And if you want it, I’ll send you my Injury Cheat Sheet for free — it explains your rights in plain English.

Call me anytime at 312-500-4500.

You do NOT have to deal with this alone.

Here how it goes:

  • You call for free (or I can call you).
  • I listen to your story.
  • I answer your questions & concerns.
  • I tell you my plan.
  • You can hire me or not hire me, your choice.
  • Either way, we end up as friends.

Sound good?

If you’ve been involved in a Workers Comp case and you need help right away, give me a call at 312-500-4500.   I’d be happy to send you a copy of my "Injury Cheat Sheet" which explains your rights or to give you a free case evaluation, and you can fill out the form below to get that right now, for free.

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About Scott DeSalvo

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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