Another unique factor involved in workers compensation cases that differs significantly from your typical personal injury lawsuit is that workers comp claims are occasionally “accepted,” which is essentially where the employer’s insurance company admits that there has been a valid work injury and agrees to pay benefits — something to the effect of a first step forward on the path to an eventual settlement.

But what happens when, for whatever reason, the checks start coming? Sometimes “mistakes” can happen, but it’s nice to have some sort of mechanism in place to keep the employer’s feet to the fire when these “mistakes” become less of an exception and more of a rule.

This is where a powerful tool available to a petitioner comes into play — a petition filed pursuant to 820 ILCS 350/19(b), or a “19(b) Petition” as it is commonly known. This Rule provides that an employee:

“may file a petition for an emergency hearing by an Arbitrator on the issue of whether or not he is entitled to receive payment of such compensation or services as provided therein. Such petition shall have priority over all other petitions and shall be heard by the Arbitrator and Commission with all convenient speed.”

Unfortunately, this isn’t quite a “magic” cure to turn the benefits right back on, as it has to be served on the employer at least 15 days before it is heard by a Commissioner, but it is a powerful tool all the same. Like most of the provisions in the Workers Compensation Act, Section 19(b) lists out a lengthy checklist of what must go into a 19(b) petition in order for it to be acceptable.

The employee must outline:

(i) the date and approximate time of accident;

(ii) the approximate location of the accident;

(iii) a description of the accident;

(iv) the nature of the injury incurred by the employee;

(v) the identity of the person, if known, to whom the accident was reported and the date on which it was reported;

(vi) the name and title of the person, if known, representing the employer with whom the employee conferred in any effort to obtain compensation pursuant to paragraph (b) of Section 8 of this Act or medical, surgical or hospital services pursuant to paragraph (a) of Section 8 of this Act and the date of such conference;

(vii) a statement that the employer has refused to pay compensation pursuant to paragraph (b) of Section 8 of this Act or for medical, surgical or hospital services pursuant to paragraph (a) of Section 8 of this Act;

(viii) the name and address, if known, of each witness to the accident and of each other person upon whom the employee will rely to support his allegations;

(ix) the dates of treatment related to the accident by medical practitioners, and the names and addresses of such practitioners, including the dates of treatment related to the accident at any hospitals and the names and addresses of such hospitals, and a signed authorization permitting the employer to examine all medical records of all practitioners and hospitals named pursuant to this paragraph;

(x) a copy of a signed report by a medical practitioner, relating to the employee’s current inability to return to work because of the injuries incurred as a result of the accident or such other documents or affidavits which show that the employee is entitled to receive compensation pursuant to paragraph (b) of Section 8 of this Act or medical, surgical or hospital services pursuant to paragraph (a) of Section 8 of this Act. Such reports, documents or affidavits shall state, if possible, the history of the accident given by the employee, and describe the injury and medical diagnosis, the medical services for such injury which the employee has received and is receiving, the physical activities which the employee cannot currently perform as a result of any impairment or disability due to such injury, and the prognosis for recovery;

(xi) complete copies of any reports, records, documents and affidavits in the possession of the employee on which the employee will rely to support his allegations, provided that the employer shall pay the reasonable cost of reproduction thereof;

(xii) a list of any reports, records, documents and affidavits which the employee has demanded by subpoena and on which he intends to rely to support his allegations;

(xiii) a certification signed by the employee or his representative that the employer has received the petition with the required information 15 days before filing.

As you can see, this list leaves no stone unturned, but this is to be expected. When dealing with administrative agencies such as the Industrial Commission that performs a similar, and important, function to that of a court of law, but is actually outside the realm of the traditional court system, these sorts of exacting measures are necessary.

They also help provide clarity in uncertain times — workplace injuries are stressful situations to begin with — when an employer all of a sudden stops providing the benefits that they are liable for, it can make matters much worse. Tools like these are powerful to have at your disposal to bring the support that you need and deserve.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have anyquestions and to learn how we may be able to help you in the unfortunate event of an accident that caused you or your family or friends injuries – in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters – large or small.