A Respondent’s Perspective of the Workers’ Compensation System

Abstract

Many factors are going to determine the outcome of a workers’ compensation case. There is a common misconception that in Illinois the system greatly favors the petitioner. Yes, the petitioner does have advantages, but in my opinion, whether you try or not the case in Illinois will have very little to do with the end result. How you approach the settlement or trial of a particular file, how good or bad your IME physician’s report is and who the injured employee is, are more significant elements of whether you win or lose a case than the jurisdiction in which you practice law. The type of relationship you have with your clients, with the claim adjusters, with the Arbitrators and your opponents will also play a role in determining the outcome of a case. Also of importance is whether you need a report from an IME physician and why, who your doctor is and what kind of report he issues can make or break your case.

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