If you’ve received a workers’ compensation settlement offer that doesn’t reflect your true losses, you don’t have to accept it. In Illinois, you have the right to continue your claim through the Illinois Workers’ Compensation Commission (IWCC) — often through a process called Arbitration.
At The Illinois Hammer Injury Law Firm, we help injured workers evaluate settlement offers, weigh their options, and fight for the full compensation they deserve.
What Is Arbitration?
Arbitration is a formal hearing process where a neutral Arbitrator reviews your case and issues a legally binding decision. If you reject your employer’s offer, this is the next step in your claim.
At the hearing:
- You and your attorney present evidence about your injury, treatment, and how your condition has impacted your ability to work
- Your employer and their insurer also present their side
- The Arbitrator considers all testimony and documentation, then issues a written decision
Arbitration gives you the opportunity to seek a fair result — rather than settling for a lowball offer just to close your case.
What Are the Potential Costs and Timeframes?
While Arbitration can result in a better outcome, it’s important to understand what the process involves:
- It typically takes longer than accepting a settlement — often several months or more to reach a final decision
- You may need to participate in legal proceedings, such as a deposition or a hearing
- The process may involve independent medical examinations or expert medical testimony to support your claim
- The Arbitrator’s decision is binding — meaning it may be higher or lower than the original offer
That’s why it’s essential to work with an experienced workers’ compensation attorney who can evaluate the risks and benefits of moving forward.
Can You Appeal the Arbitrator’s Decision?
Yes. If you or your employer disagree with the decision, you can file an appeal. Your case may move through additional levels of review, including the IWCC panel, the Circuit Court, and — in rare situations — even the Illinois Supreme Court.
Most cases, however, are resolved at the Arbitration level or shortly after.
Should You Go to Arbitration?
The decision to reject a settlement and move forward with Arbitration depends on several key factors:
- Does the offer fully cover your wage loss, medical costs, and long-term impact?
- Is your right to future medical care preserved or waived in the settlement?
- Is your employer disputing your injury, restrictions, or need for treatment?
Once you accept a settlement — especially one that closes your medical rights — you likely can’t reopen your case. That’s why reviewing the offer with an attorney is essential.
Let’s Review Your Options Together
At The Illinois Hammer Injury Law Firm, we help you make informed decisions — not rushed ones. Whether you settle or proceed to Arbitration, our goal is to protect your health, your finances, and your future.
Contact us today for a free consultation, and let’s make sure you get the compensation you truly deserve.
