The case is heard by an arbitrator. There is no judge or jury. If reviewed, it goes to a panel of three Commissioners. If further appealed, then to the Circuit Court, then Appellate Court, then Supreme Court.
No. There is no option for a jury in workers' compensation.
Workers' compensation trials are conducted in front of and decided by the assigned arbitrator, who acts as a judge. The rules of evidence are nearly the same as circuit court, but procedures are slightly different.
Please be sure that if your case is headed to trial you have a lawyer. You will not be able to figure out what to do or how to do it without one. WC is a fairly complex and arcane system.
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As Mr. Hoffman explained, the rules of practice at the Illinois Workers' Compensation Commission are NOT intuitive. No matter how intelligent you may be, unless you have experience with the system, there are a number of pitfalls that can result in an adverse Decision from the Arbitrator. It is NOT like anything you've seen on TV. The questions asked and the documents entered into evidence are for the sole purpose of making the legal argument in your written brief.
Moreover, there is a very short window for appealing a Decision and you would have to pay for the transcript.
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I agree with my colleagues, analysis .
No attorney client relationship has been formed until you sign a representation agreement.
I totally agree with the other comments; get a lawyer, The reason for the unavailability of a jury trial is because Workers' Compensation didn't exist until the legislature created it over 100 years ago. The legislature didn't provide for jury trials. I don't know of any states that do have juries in WC. However, the system is designed to be as streamlined as possible; maybe juries wouldn't be the way to ensure that.
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No - the defendant does not have the choice. Your case is assigned at random to an Arbitrator.
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