How often do workers’ comp cases go to trial—and when?
Workers' Compensation - marzo 3, 2026 by Horwitz, Horwitz & Associates
Most workers’ compensation cases do not go to trial. In Illinois, the majority are resolved through voluntary payment of benefits or negotiated settlement.
A case is more likely to go to a formal hearing when there’s a dispute over whether the injury is work-related, how serious it is, or what benefits are owed. Understanding when disputes arise can help you decide whether it’s time to speak with a Chicago workers’ compensation attorney about protecting your claim.
How often do workers’ comp cases go to trial in Illinois?
In Illinois, only a small percentage of workers’ compensation claims proceed to a formal arbitration hearing before the Illinois Workers’ Compensation Commission (IWCC). In an average year, roughly 1,000 of the approximately 35,000 reported work injuries move to arbitration — about 2–3% of claims.
For context, the U.S. Bureau of Labor Statistics (BLS) reported 2,488,400 nonfatal workplace injuries and illnesses and 5,070 fatal work injuries in 2024 nationwide. Despite the volume of reported injuries each year, only a small fraction of workers’ compensation claims result in a formal arbitration hearing in Illinois.
Of those arbitration decisions, many are resolved without further appeal. Only a small percentage move beyond arbitration to a Commission review panel or into the court system. In practical terms, very few Illinois workers’ compensation cases make it past the arbitration stage.
How are most Illinois workers’ comp claims resolved?
Most Illinois workers’ compensation claims are resolved without a formal hearing. Either the employer’s insurance company voluntarily pays benefits, or the parties reach a negotiated settlement.
Many disputed claims are settled between the injured worker and the insurance company. When disputes can’t be resolved informally, the case proceeds to an arbitration hearing before an arbitrator with the Illinois Workers’ Compensation Commission. Other disputed claims may be settled in mediation, which is guided negotiations overseen by a neutral third party. As the injured worker, you are entitled to your own legal representation.
What factors determine workers’ compensation settlement amounts?
A settlement is a compromise between the injured worker and the insurance company. Both sides weigh the medical evidence, the cost of future treatment, and the risks of continuing litigation when deciding whether to resolve the case.
Some of the factors that determine the settlement amount include:
- The injured worker’s medical records
- Whether they expect future medical bills
- The likelihood that the injury will impede the worker’s career advancement
- Whether the worker has reached maximum medical improvement (MMI)
- Their salary
Estimating the cost of future care can be tricky; experts must take into account inflation and anticipate the person’s likelihood of recovery or the development of complications. Some Chicago workers’ compensation attorneys retain expert witnesses (economists and medical professionals) to help them quantify future expenses.
What happens in a workers’ compensation trial?
In Illinois, workers’ compensation disputes are decided at an arbitration hearing before an arbitrator with the Illinois Workers’ Compensation Commission, not a jury. At that hearing, both sides present medical records, testimony, and other evidence supporting their position.
At the conclusion of the hearing, the arbitrator will issue a written decision. If you disagree with the arbitrator’s decision, you may request a review by a panel of Commissioners and, in some cases, file an appeal to the Illinois courts.
Should I appeal my workers’ compensation hearing decision?
You have the right to file an appeal with the WCC to request a review of the decision. Most successful appeals involve a fundamental error at the initial hearing. For example, if the judge failed to consider a crucial piece of evidence in making their decision, or improperly applied the law in your case, then your case may be granted a review.
If that’s unsuccessful, you do have the right to move the appeal to the Circuit Court and, subsequently, to the Illinois Appellate Court. Bear in mind, though, that the cost of pursuing an appeal is high, so have a frank conversation with your lawyer before deciding to file. Additionally, the Appellate Court generally only hears cases in which a fundamental legal error was made (not just a disagreement with the decision).
Get the legal help you need with your workers’ comp claim
Workers’ compensation cases don’t often go to trial, but disputes do happen. When they do, preparation and strong medical evidence matter.
If your claim has been denied or you’ve been scheduled for an arbitration hearing, contact Horwitz, Horwitz & Associates at (800) 985-1819 for a free consultation. We’ll review your situation and explain your next steps.
