What Happens in a Workers' Comp Arbitration Proceeding?

 Posted on May 12, 2025 in Workers' Compensation

If your workers’ compensation claim has been denied, delayed, or disputed, you may find yourself scheduled for an arbitration hearing. This can be an intimidating step, especially if you are dealing with pain, financial stress, and uncertainty about your future. Understanding what to expect can help you feel more confident and prepared.

At Rathbun, Cservenyak & Kozol LLC, our diverse legal team of Illinois workers’ compensation lawyers has extensive experience representing injured workers in the face of intimidating employer or insurer attempts to deny claims. We offer free consultations and are committed to helping clients resolve their claims fairly and efficiently — including through arbitration when necessary.

What Is Arbitration in a Workers’ Compensation Case?

In Illinois, arbitration is a formal legal proceeding before an arbitrator. An arbitrator is an attorney appointed by the Illinois Workers’ Compensation Commission (IWCC). The arbitrator listens to both sides of the dispute and issues a decision based on the evidence and testimony presented.

Arbitration becomes necessary when there is a disagreement that cannot be resolved through negotiation. This includes disputes about whether your injury is work-related, the type or extent of treatment you need, or the amount of compensation you should receive for lost wages or permanent disability.

What to Expect at a Workers’ Comp Arbitration Hearing

Before the hearing, both sides gather evidence, such as medical records, accident reports, wage statements, and witness statements. Your attorney may also depose your employer, treating physicians, or others involved in the case.

During the arbitration hearing, which typically takes place in a conference room rather than a courtroom:

• Each side presents opening statements

• Witnesses are called and questioned under oath

• Medical evidence is submitted and explained

• Closing arguments summarize the case

Unlike in a trial, there is no jury. The arbitrator alone decides the outcome. After the hearing, the arbitrator will issue a written decision, which may take several weeks. Either party can appeal the decision to a panel of commissioners if they disagree with the outcome.

Call Our Naperville, IL Workers’ Compensation Attorney for Denied Claims

Arbitration is a legal proceeding with strict rules of evidence and procedure. Employers and insurance companies are usually represented by experienced attorneys, and they may try to downplay your injuries or deny liability. Going into arbitration without legal help can put you at a serious disadvantage.

At our Naperville-based firm, we know what it takes to present a strong case at arbitration. We prepare our clients thoroughly, challenge weak or biased medical opinions, and ensure your story is heard. Our goal is to maximize your compensation and make sure you receive the medical care and benefits you are entitled to under Illinois law.

If you have been scheduled for a workers’ comp arbitration hearing, do not face it alone. Call a DuPage County, IL workers' compensation lawyer with Rathbun, Cservenyak & Kozol LLC at 815-730-1977 today to schedule your free consultation. We understand the system and will fight for you every step of the way.